SUPREME COURT UPHOLDS HEIDI'S LAW: Habitual drunk driving sentencing not a constitution violation.

As a freshman lawmaker, state Rep. Kevin Elsenheimer joined Sen. Jason Allen to successfully change Michigan law to make a third-offense drunk or drugged driving a felony criminal offense and eliminated the 10-year statute of limitations for habitual charges.

The law, named for Bellaire High School senior Heidi Steiner who was killed by a habitual drunk driver, was being challenged by two defendants claiming it violated their rights. In December, the Michigan Supreme Court affirmed that Heidi’s Law did not go against either state or federal Constitutions.

“It has been a long process to complete something that is simple, common sense,” said Elsenheimer, R-Kewadin. “It’s unfortunate that the Steiners, and all families who have suffered tragedy because of drunken driving, have had to wait so long to see that justice will be properly served.”

Allen agreed that the law change was necessary to help grieving families. “Families can now take a little bit of comfort knowing that habitual drunk drivers will not get an automatic clean slate just because a few years have gone by,” Allen said. “This doesn’t in any way replace the loss of a loved one, but it will help keep repeat offenders from possibly causing more grief.”

Elsenheimer brought the issue to Lansing based on an Antrim County case that because of the statute of limitations saw a convicted drunk driver charged with a misdemeanor first offense crime although it was his third offense. Until the previous year, the man was in prison for numerous drunken driving offenses, including hitting and killing Steiner.

The new law eliminates the current 10-year statute of limitations between first and third, or subsequent, felony drunk or drugged driving offenses, allowing a third offense to be charged as a felony regardless of the time period they are committed.

A companion bill introduced by Allen made it law for the Secretary of State to maintain driver records for the lifetime of the offender. Previously, the department was required to maintain the records for only 10 years.