Citation:
State of Michigan v Perkins, 482 Mich 1118; 758 NW2d 280 (2008)
Case Summary:
Heidi's Law (which removed the three drunk driving convictions within 10 year cap on felony drunk driving charges) does not violate ex post facto provisions of the federal and state Constitutions. Since Heidi's Law was passed, you can be charged with a felony OWI 3rd drunk driving if you have any three alcohol-related convictions in a lifetime, e.g. OWVI and/or OWI. NOTE: This may only include ONE (1) zero tolerance conviction for enhancement purposes, since Michigan lawmakers do not want a minor who gets two minor BAC convictions to rack up a felony with a new charge shortly after his or her 21st birthday.
Michigan Supreme Court
SC: 137477, SC: 137478
December 18, 2008, Decided
COA: 281957. Isabella County Circuit Court Case No.: 07-000576-FH. COA: 281959. Isabella County Circuit Court Case No.: 07-001120-FH. People v Perkins, 280 Mich App 244 (2008)
OPINION
On order of the Court, the application for leave to appeal the August 19, 2008 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we AFFIRM the Court of Appeals decision holding that Heidi's Law, MCL 257.625, does not violate the ex post facto provisions of the federal and state Constitutions.