If you are facing a third OWI charge, you can face a felony. Understanding how Heidi’s Law intersects with the Michigan Office of Hearings and Administrative Oversight (OHAO) is the first step in building a legal defense.
Outlining how Heidi’s Law treats OWI cases
Under Heidi’s Law, Michigan uses a lifetime look-back period to enhance a third OWI charge to a felony, regardless of when the prior convictions occurred. If you have two prior OWI convictions at any point in your life, a third offense triggers a felony punishable by up to five years in prison. Your alcohol-related convictions in other states also count, which makes the stakes higher.
Differentiating suspension from revocation
In Michigan, a suspension is a temporary pause. You can reclaim your driving privileges after paying a reinstatement fee. Conversely, a revocation is an indefinite and complete termination of your license.
If you accrue two OWI convictions within seven years or three within ten years, the Secretary of State will revoke your license indefinitely. To restore your driving privileges, you must successfully petition the OHAO for a hearing after your assigned revocation period.
Proving your sobriety to the OHAO
Because Heidi’s Law labels you a habitual offender, the hearing officer begins with the presumption that you have a chronic substance abuse problem. To win, you must provide:
- Evidence of total abstinence
- A substance use evaluation from a licensed therapist
- A collection of three to six signed letters from friends and family who attest to your sobriety
Presenting clear and convincing evidence is crucial in proving that your substance abuse issues are under control and that you are a low risk for recidivism.
Taking action with legal assistance
Filing a petition with the OHAO can be intimidating. If they deny your claim, you can only try again after one full year. Because the burden of proof rests entirely on you, small errors in your documentation can lead to a year-long setback.
While the path to restoration seems narrow, it is possible to succeed with the right preparation. Seeking legal counsel from an experienced attorney is wise.