Summary: Under Heidi’s Law, a 3rd DUI in Michigan is a lifetime felony. There is no longer a 10-year “look-back” period; any two prior convictions, regardless of how old they are, will elevate a third arrest to a felony with mandatory jail time.
Historical Perspective: From a 10-Year Window to a Lifetime Penalty
As I analyzed in my 2007 article for the SADO Criminal Defense Newsletter (Heidi’s Law Removes 10 Year Look-Back for Felony Drunk Driving, Vol 30.5), the landscape of Michigan DUI law changed forever on January 3, 2007.
Before this date, Michigan had a “reset button.” If your previous OWI convictions were more than 10 years old, a new arrest was treated as a misdemeanor. Heidi’s Law, named for Heidi Steiner, a 16-year-old killed by a repeat offender, permanently removed that window. Today, your driving record is a “lifetime record” for felony enhancement purposes.
What Makes a DUI a Felony under Heidi’s Law?
In Michigan, most DUIs (Operating While Intoxicated/OWI) are misdemeanors. However, MCL 257.625 specifies that a third conviction is an automatic Class E Felony.
The “Lifetime” Rule
It does not matter if your first two DUIs happened in the 1980s or 90s. If you are arrested today, the prosecutor will pull your full driving abstract. If they find two prior “alcohol-related” convictions from anywhere in the United States, you will be charged with a felony.
Penalties for OWI 3rd Offense (Felony)
The consequences of a felony DUI under Heidi’s Law are significantly harsher than a 2nd offense misdemeanor:
| Penalty Type | Statutory Requirement |
| Imprisonment | 1 to 5 years in prison OR 30 days to 1 year in jail + probation. |
| Fines | $500 to $5,000 (plus thousands in court costs). |
| License Status | Indefinite Revocation (Minimum 1 or 5 years before eligible to appeal). |
| Community Service | 60 to 180 days. |
| Vehicle Sanctions | Forced forfeiture or 1–3 years of immobilization. |
Note: The 30-day jail minimum is mandatory. Judges generally cannot “waive” this time unless you are admitted into a specific, high-intensity Sobriety Court program. For more information see: Repeat Drunk Drivers Can Avoid Mandatory Minimum Jail Sentences Under New Michigan Law
Defending Against a “Lifetime” Felony
Because the look-back period is gone, the defense must shift from “calculating time” to “challenging the foundation” of the case:
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Challenging the Priors: We meticulously review your prior convictions. If a prior conviction was obtained in violation of your right to counsel, it may be possible to “strike” it from the record, reducing the current charge to a misdemeanor.
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Constitutional Stop Challenges: Did the officer have a valid reason to pull you over? If the initial stop was illegal, all evidence (breath/blood tests) can be suppressed.
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Forensic Scrutiny: We analyze the blood draw or breath test for “scientific reliability.” Small errors in lab procedure can lead to the total dismissal of felony charges.
Heidi’s Law Michigan: Frequently Asked Questions
Can I get a felony DUI expunged in Michigan?
No. While Michigan’s “Clean Slate” laws now allow for the expungement of a first offense OWI, felony DUIs (3rd offenses) are currently ineligible for expungement. It remains on your record permanently.
Does an out-of-state DUI count toward Heidi’s Law?
Yes. Michigan law counts convictions from other states if that state’s law “substantially corresponds” to Michigan’s OWI statute. Almost every state’s DUI law qualifies.
Is Heidi’s Law “Ex Post Facto”?
Many argue it is unfair to use old crimes to increase current penalties. However, the Michigan Supreme Court has upheld Heidi’s Law, ruling that it doesn’t punish the old crime again, but rather punishes the latest offense more severely based on a history of recidivism.
Protect Your Future: Contact the Barone Defense Firm
A felony DUI charge doesn’t just threaten your driver’s license, it threatens your freedom, your right to own a firearm, and your professional reputation. In Michigan, the difference between a prison sentence and a favorable reduction often comes down to the expertise of your legal team.
At the Barone Defense Firm, we specialize in high-stakes OWI defense. Led by Patrick Barone, the author of the nation’s leading treatises on DUI law, we provide a holistic, aggressive approach designed to help you win back your life.
Schedule Your Free, Confidential Case Review
Don’t wait until your preliminary examination to begin your defense. Contact us 24/7 to speak with an experienced Michigan criminal defense attorney.
- Toll-Free: 1-877-ALL-MICH (877-255-6424)
Our Promise: We are reachable 24 hours a day, 7 days a week. Whether you are facing a third-offense felony, a child endangerment charge, or a complex OWI injury case, we will review the evidence, explain your rights, and build a strategy to protect your future.