Michigan’s Lifetime Lookback for Felony DUI

On January 3, 2007 Governor Granholm signed into law legislation that removes the 10 year “look back” period for all drunk driving offenses.  Under prior law, a third offense would be considered a felony only if it occurred within a prior 10-year time period.  With this new amendment a driver arrested for drunk driving with two prior offenses, regardless of their age, will face felony charges.  

The law was championed by the parents of Heidi Steiner, a northern Michigan high school senior who was killed by Danny Buffman.  Mr. Buffman plead no contest to the charge of drunk driving causing death, and was sentenced to ten years in prison.  Then, in 2005, he was arrested again and charged with a first offense drunk driving because the prior offense, committed in 1991, was more than 10 years old.  A first offense drunk driving is a misdemeanor punishable by up to 93 days.  The new law would have allowed him to be charged with felony drunk driving punishable by 1-5 years in the state prison.

Other changes to the law include a relaxing of the proof necessary to prove a defendant’s prior record.  This was necessary because very old convictions were sometimes difficult to prove because under the old there were only three ways to establish the record in court. 

The new law expands the options available to prosecutors to seven.  These include a copy of the court’s register of actions and information contained in pre-sentencing reports or the defendant’s driving record.  The Michigan Secretary of State will also now maintain records of drunk driving convictions for the life of the driver.