What You Need to Know About Your OWI Record: Why Taking Action Now in November Matters More Than Waiting Until After New Year's

Understanding OWI in Michigan

In Michigan, OWI stands for “Operating While Intoxicated.” This offense covers situations where a person operates a vehicle with a blood alcohol content (BAC) of 0.08% or higher, or is otherwise impaired by alcohol, drugs, or a combination of substances. OWI charges range from misdemeanors to felonies depending on factors like prior convictions, the presence of minors in the vehicle, or accidents resulting in injury or death.

Michigan also recognizes several related offenses, including:

• Operating While Visibly Impaired (OWVI): Where alcohol or drugs impair driving ability but the BAC is below 0.08%.
• Super Drunk (High BAC): When BAC is 0.17% or higher, which carries elevated penalties.
• Operating With the Presence of Drugs (OWPD): Involves any detectable Schedule 1 controlled substance in your system.

An OWI conviction can have long-lasting effects, from criminal penalties and Michigan Secretary of State sanctions to higher insurance rates and limited employment opportunities. That’s why taking control of your record—especially before the rush of the new year—is so important.

Can an OWI Be Expunged in Michigan?

For many years, Michigan law did not allow for the expungement (also known as setting aside a conviction) of any OWI-related offenses. That changed with the passage of Public Act 64 of 2021. Under this law, as of February 19, 2022, individuals with a single OWI conviction may be eligible to have that offense removed from their public criminal record.

Eligibility Requirements for OWI Expungement

You may qualify to have your OWI set aside if:

• You have only one OWI-related conviction on your record.
• You have no other prior or subsequent OWI convictions or similar offenses.
• It has been at least five years since you completed your probation, incarceration, or parole.

The court also considers factors such as whether your OWI involved an accident, your overall criminal history, and your conduct since the conviction. The decision to set aside an OWI rests solely with the judge, who must determine whether granting expungement is “consistent with the public welfare.”

Offenses That Do Not Qualify

Some alcohol-related offenses remain ineligible for expungement in Michigan, including:

• OWI causing death or serious injury.
• OWI while operating a commercial vehicle.
• Second or subsequent OWI convictions.

If your conviction meets the legal requirements, an expungement could eliminate your public criminal record, making it easier to pass background checks and regain employment or housing opportunities. However, even after expungement, the Michigan Secretary of State’s records related to OWI offenses remain accessible to law enforcement for certain purposes.

Why November Is the Best Month to Take Action on Your OWI Record

Waiting until January to start legal processes like expungement or license restoration can set you back several months. Courts, the Michigan State Police, and the Secretary of State all experience heavier caseloads in the first quarter of the year, partially due to holiday delays and a surge of “New Year resolution” filings. By acting now in November, you can ensure your case gets priority and that you’re first in line for court scheduling and application review.

1. Holiday Court Closures and Delays

Most Michigan district and circuit courts experience reduced staffing and schedules around Thanksgiving, Christmas, and New Year’s. Administrative processing for expungements, fingerprint checks, and court hearings can slow to a crawl during this period. If you begin your application process in November, your fingerprints and required documents can be submitted before the holiday closures, placing you ahead of post-New Year delays.

2. Fingerprint and Background Processing Times

An expungement application requires you to submit a copy of your fingerprints to the Michigan State Police, along with copies of your conviction record and application. These steps take an average of several weeks to process. If you wait until after New Year’s, those turnaround times can stretch even further. Starting early means your background check will likely be completed by the time courts return to normal operation in January.

3. Your Driving Rights Might Be on the Line

If your OWI conviction led to a driver’s license suspension or revocation, taking steps now could help you regain driving privileges faster. In Michigan, many individuals with multiple drinking and driving offenses must go through a driver’s license restoration hearing before the Secretary of State’s Office of Hearings and Administrative Oversight. Preparing for that hearing, including obtaining evidentiary letters and completing your substance use evaluation, can take several weeks. Starting now helps ensure your restoration hearing can be scheduled early in the new year, rather than waiting until spring or later.

How OWI Records Affect Your Driver’s License in Michigan

Michigan’s driver’s license laws are strict when it comes to alcohol-related offenses. A first-time OWI conviction usually results in a six-month license suspension, though you may be eligible for restricted driving privileges after 30 days if the court authorizes it. A “super drunk” conviction or second OWI within seven years brings harsher sanctions, often including a one-year license revocation.

If your license was revoked for multiple offenses, you are not automatically reinstated even after your revocation period ends—you must formally request a restoration hearing. At the hearing, you (or your attorney on your behalf) must prove by clear and convincing evidence that:

• Your alcohol or drug problem is under control and likely to remain under control.
• You have demonstrated a period of sobriety, typically at least one year.
• You have the ability and motivation to drive safely and lawfully.

Preparing for a driver’s license restoration case requires careful documentation, character reference letters, and often participation in recognized sobriety programs. Waiting until January to start this process delays your ability to get back on the road—and to move forward with your life.

What the OWI Expungement Process Looks Like in Michigan

The OWI expungement process is relatively detailed and can take several months from start to finish. Understanding each step can help you plan ahead and avoid unnecessary delays.

Step 1: Obtain Your Conviction Record

You will need a certified copy of your judgment of sentence and conviction record. You can obtain this from the court where you were convicted. Obtaining this document before the holiday closures ensures you have it ready for your application.

Step 2: Fingerprinting

Under Michigan law, all expungement applicants must submit fingerprint cards to the Michigan State Police Criminal Justice Information Center. Once fingerprints are processed, the State Police will send your record details to both the court and the Attorney General’s Office.

Step 3: File Your Application

The application to set aside a conviction must be filed with the same court that entered the conviction. You’ll also need to send copies to the prosecutor, the Michigan Attorney General, and the arresting agency. Each party has the right to object to the expungement, usually within a 60-day period.

Step 4: Attend a Court Hearing

After objections (if any) are reviewed, the court will set a hearing date. At this hearing, you or your attorney will present evidence and testimony showing your rehabilitation and reason for requesting expungement. Judges have discretion over whether to approve your request, so professional preparation and strong character evidence are essential.

Step 5: Obtain the Court’s Decision

If granted, your OWI conviction is set aside, meaning it is removed from public view and no longer appears on most background checks. It will remain accessible to law enforcement agencies for limited official purposes. If denied, you may be eligible to reapply after a specified waiting period, depending on the judge’s order.

How Timing Affects Outcomes

Court schedules, administrative workloads, and evidence preparation all play a role in how smoothly your case proceeds. Acting now gives your attorney time to prepare the strongest application and ensures your matter is reviewed before the backlog of post-holiday cases. Michigan’s winter slowdown can cause significant delays; even a simple fingerprint check might take twice as long if submitted in January versus November.

By consulting a qualified criminal defense attorney this month, you can have your application or restoration materials organized, filed, and queued up for court as soon as possible. That proactive approach could mean the difference between receiving your license restoration in spring or waiting until mid-summer.

Why You Should Have an Experienced Attorney Handle Your OWI Record

Applying for an expungement or driver’s license restoration might sound like a simple administrative process, but in practice, these cases often involve detailed legal arguments, procedural requirements, and discretionary decisions by judges or hearing officers. An experienced attorney can ensure every document is properly filed, deadlines are met, and your evidence is clearly presented.

At every stage—whether clearing your record or restoring your driving rights—the help of a knowledgeable Michigan criminal defense lawyer can make a meaningful difference. Small mistakes such as missing an objection deadline or failing to include required documents can delay or even derail your case.

If you’re ready to take control of your OWI record before the new year, contact defense attorney Aaron J. Boria today. Call (734) 453-7806 for a free consultation or visit our website at Michigan criminal defense lawyer for more information.

Start Fresh Before the New Year

November is not just another month—it’s your window of opportunity to regain control over your record and your future. By initiating your OWI expungement or driver’s license restoration now, you position yourself to start the new year with momentum, confidence, and a clean slate. The process takes preparation and patience, but the sooner you begin, the sooner you can put the past behind you.

Taking action now demonstrates initiative and responsibility—qualities that matter to judges, prosecutors, and the Michigan Secretary of State when reviewing your case. Don’t let another year pass by waiting for the “right time” to clean up your record. The right time is now.

Call (734) 453-7806 today to schedule your consultation and find out whether you qualify for an OWI expungement or license restoration in Michigan. With professional guidance and early action, you can move into the next year with confidence that your record no longer holds you back.