Michigan's Tougher Drunk Driving OWI Laws

We are back with my guest Patrick Barone and defensive drunk driving cases.  Patrick, what are some changes in the law that would be an interest to our viewers in this area?  I know the laws seem to get tougher and tougher all the time.

They get tougher and tougher and it seems like every year or less than every year we get some type of new legislation that’s anti-drunk driving that increases the penalties, or in some other way, affects the scope of the drunk driving law.  The most recent change in that category would be what’s called Heidi’s Law.  That’s the name that was given to the law.  Heidi’s law provides that there is no longer a look back period for felony drunk driving. 

What that means in plain language is if you had any time in your life two prior drunk driving offenses, and you pick up another one, that new charge will be considered a felony.  Prior to that law going into effect, it went into effect on January 3rd, there was a 10 year look back period.  So if you had 5 or 6 drunk driving cases that were more than 10 years old, and you picked up another one tomorrow, that would be considered a first offense.  What that has done basically is increase significantly the number of felony drunk drivers that I will be seeing in my office in the months and years to come. 

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