I have a prior DUI from out-of-state and was recently arrested for DUI in MI. The prior out-of-state arrest took place outside of the 7 year lookback period, however the plea agreement was unfortunately within the lookback period. I obtained a copy of my MI driving record at the SOS and it sates "This driver has no prior 904 mandatory additional violations of suspension/revocation or 625 alcohol related convictions within the time frames requiring plate confiscation." My understanding based on some online research is that the SOS sanctions on drivers license and the court/criminal penalties are separate entities. If my MI record shows no priors at all, will my license still be mandatory revoked for one year? Does the MI SOS search out-of-state databases for priors? Thank you.
There could be a couple of reasons for it not appearing on your record. The state in which you got your 1st DUI may not report all moving violations to other states. The DUI statute in the 1st state may be significantly different from Michigan's and therefore not count as a prior. In any event you should consult an attorney prior to entering a plea in this matter so you know exactly what you are looking at in terms of sanctions. Good luck.
From time to time there are glitches or strange things that will lead to things not showing on a driving record or a criminal history. There are a lot of reasons for this. You should be thinking about speaking with a lawyer to determine if you have any legal issues present with the stop, etc. Then consider whether it is in your interest to enter a plea before the prosecutor is able to discover the past arrest. Dealing with the SOS is another issue, but you should remember that a third OWI is enhanceable to a felony, whereas a second is a misdemeanor.
Sometimes the prior does not appear, but may appear in other places. One instance where the SOS said exactly the same as you are reporting did not show a prior MI conviction outside of 10+ years, but the court records did. You are correct that the court does not control licensing sanctions any longer, and tells the defendant that based upon their master driving record a suspension or revocation may occur. You need to check with a local attorney and seek representation in this case.
Mr. Ebbott is licensed to practice law in Michigan. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. You should always consult with an attorney in your state, as the question posed requires further information to ensure a correct response. Other facts not stated could change the answer to the question.
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