Navigating License Restoration: How the Clean Slate Changes Impact Those with Multiple DWIs

Michigan’s Clean Slate Law: A Brief Overview

In 2023, Michigan expanded its Clean Slate initiative, part of a broader effort to help people with criminal records reintegrate into society. The Clean Slate law created an automatic system by which certain misdemeanors and felonies can be set aside—or “expunged”—after a specified period of time if the person has remained crime-free.

The goal is to remove barriers to employment, housing, and education. However, not every conviction qualifies for expungement, and importantly, not all effects of a conviction automatically disappear, particularly when it comes to driver’s license sanctions imposed by the Michigan Secretary of State (SOS).

Understanding OWI and DWI in Michigan

Before discussing how the Clean Slate changes affect people with multiple OWI convictions, it is important to clarify what “DWI” or “DUI” means under Michigan law.

• OWI (Operating While Intoxicated): The legal term in Michigan for driving under the influence of alcohol or drugs.
• OWVI (Operating While Visibly Impaired): A lesser offense where impairment is visible but not necessarily at or above the legal BAC limit of 0.08%.
• OWI High BAC (Super Drunk): Applies when your BAC is 0.17 or higher, carrying enhanced penalties.
• OWI 2nd or 3rd Offense: Repeat offenses within seven years—or three or more total—are treated significantly more harshly.

Each of these convictions carries not only criminal penalties but also administrative sanctions from the Secretary of State, primarily license revocation for repeat offenses. These sanctions exist independently of the criminal record itself.

Can the Clean Slate Law Expunge OWI Convictions?

Under Michigan law (MCL 780.621), most misdemeanors and certain felonies can be set aside after a waiting period. However, there are specific exclusions. For a long time, operating while intoxicated (OWI) convictions were categorically ineligible for expungement. That changed in February 2022.

Now, thanks to legislation signed in 2021 and taking effect the following year, individuals with a single first-time OWI conviction may apply for expungement. This includes alcohol-related driving offenses such as:

• Operating While Intoxicated (first offense only)
• Operating While Impaired (first offense only)
• Operating with BAC of 0.17 or higher (first offense only)

However—and this is crucial—multiple OWI convictions cannot be expunged under Michigan’s current Clean Slate laws. If you have two or more OWI convictions, the law does not allow those to be set aside, regardless of how much time has passed or how much progress you’ve made since your last offense.

How Clean Slate Laws Interact with Driver License Restoration

Even for those who are eligible to expunge a first-time OWI, the Clean Slate law does not automatically restore driver’s licenses that were suspended or revoked. License restoration is a completely separate process governed by the Michigan Secretary of State under the authority of the Driver License Appeals Division (DLAD).

In other words, a person could potentially have their first OWI conviction expunged from their criminal record, yet still need to go through the formal restoration process before being legally allowed to drive again.

What License Revocation Means

For individuals with multiple drinking and driving convictions, Michigan law mandates a license revocation—not merely a suspension. A revocation means that your license is terminated indefinitely. You cannot simply wait for a “time period” to end. Instead, after a mandatory revocation period, you must apply for reinstatement and prove to the Secretary of State that you are safe to return to driving.

The Process for Multiple Offenders

If you have two or more alcohol-related driving offenses within seven years, your license is revoked for at least one year. Three or more within ten years results in a minimum five-year revocation. After that period, you become eligible to request a driver license restoration hearing through the Office of Hearings and Administrative Oversight (formerly DLAD).

The License Restoration Process Explained

Michigan’s driver license restoration hearings are focused on one central question: Can you prove, by clear and convincing evidence, that you will never drink again? For those with multiple DWI or OWI convictions, this is the heart of the case.

Step 1: Eligibility and Timing

You must wait the mandatory revocation period—either one or five years depending on your record—before you can request a hearing. Attempting to file before your eligibility date will result in automatic denial.

Step 2: Substance Use Evaluation

A certified substance abuse counselor must complete a comprehensive evaluation using the state-approved form. This report assesses your history, treatment, relapse prevention plan, and prognosis for continued sobriety.

Step 3: Letters of Support

You must submit three to six letters of support from people who know you well and can attest to your sobriety and lifestyle changes. These letters must be notarized, current, and consistent with each other.

Step 4: The Hearing

At the hearing, an administrative law judge (ALJ) reviews your materials and asks questions to determine your credibility and the sincerity of your recovery. Common issues include whether you attend AA or another recovery program, your understanding of your past mistakes, and your plan to ensure they don’t repeat.

Even if your underlying conviction is expunged under Clean Slate, the Secretary of State still evaluates your case based on your record and your risk to public safety. That means that even though an expunged offense no longer appears on your public criminal history, the SOS will still see it when deciding about your license.

How the Clean Slate Law Affects People with Multiple DWIs

The Clean Slate legislation is an incredible step forward for many Michigan residents, but for multiple-offense OWI drivers, the effects are limited in some areas and nonexistent in others.

• Expungement eligibility: Only one first-offense OWI conviction may be set aside; multiple convictions remain on your record permanently.
• Driver history: Even if your conviction is expunged, the SOS retains your internal driving record for licensing decisions and future sanctions.
• License reinstatement: Expungement does not restore your license—you must still go through the Secretary of State hearing process.
• Administrative sanctions: The Clean Slate law affects criminal records, not administrative penalties. License revocations and ignition interlock requirements still apply.

So while Clean Slate can remove a conviction from public view—helping with job applications and housing opportunities—it does not “clear” your driving record in the eyes of the state licensing authority.

Setting Realistic Expectations for License Restoration

For individuals with multiple DWIs, the path forward is not easy, but it is possible with preparation and the right representation. The Clean Slate law gives some hope by addressing public stigma, but the process remains technical and demanding.

Substance-Free Living

Proof of complete abstinence from alcohol and controlled substances is critical. Random testing, AA participation, testimonial letters, and evidence of counseling or lifestyle change make a difference. Without this, your license restoration petition will almost certainly be denied.

Ignition Interlock and Restricted Licenses

For those who win a restoration hearing, the court often grants a restricted license for at least one year, accompanied by an ignition interlock device (commonly called a “blow-and-go”). This device measures your BAC before allowing your vehicle to start. Compliance is closely monitored, and violations can result in revocation.

Common Questions About Clean Slate and License Restoration

Will my Clean Slate expungement help in my license appeal?

Not directly. The Secretary of State still has access to your driving history and is not bound by the expungement of criminal records. However, showing that you have maintained a clean record for several years can strengthen your restoration case.

Can I represent myself at a license restoration hearing?

It’s possible, but not advisable. These hearings are highly technical, and missing even minor details—incorrect forms, inconsistent letters, or poor preparation—can lead to denial. An experienced attorney can prepare your case thoroughly and anticipate the ALJ’s questions.

What if my appeal is denied?

You must wait one full year before applying again, unless the ALJ specifies otherwise. This is why preparation and professional guidance are critical the first time.

Why Legal Help Makes the Difference

For individuals with multiple OWI convictions, navigating both the Clean Slate and license restoration processes requires deep knowledge of Michigan law and administrative procedure. Working with an attorney experienced in drinking and driving cases is the best way to maximize your chances of success.

At Boria Law PLLC, we have successfully guided hundreds of clients through license restoration hearings and criminal expungements. Our understanding of how judges, hearing officers, and the Secretary of State evaluate these cases is built on years of hands-on experience.

If you’re exploring your eligibility under Michigan’s Clean Slate law or preparing to restore your driver’s license after multiple OWI convictions, contact criminal defense lawyer Aaron J. Boria today at (734) 453-7806 for a free consultation.

To learn more about our firm, visit our Michigan criminal defense page for detailed information about how we can help protect your rights and rebuild your driving privileges.

Conclusion

Michigan’s Clean Slate laws have changed the way many residents think about their past criminal records, but they do not automatically resolve the challenges faced by drivers with multiple OWI convictions. For these individuals, full legal relief requires a separate, carefully prepared driver license restoration through the Secretary of State.

While the Clean Slate initiative can help remove the burden of public criminal records, regaining your driving privileges depends on demonstrating genuine and lasting sobriety and compliance with Michigan’s strict administrative rules. The process takes time, evidence, and professional advocacy to get it right.

If you or someone you care about is ready to take the next step toward getting back on the road legally, contact attorney Aaron J. Boria at (734) 453-7806 for an in-depth consultation. We will help you understand your eligibility, compile the right evidence, and present a compelling case before the hearing officer. With the right preparation, license restoration is not only possible—it’s within reach.