Heidi's Law Not an Ex Post Facto Violation

The Court of Appeals upheld Heidi's Law in People v Perkins. Heidi's Law is MCL 257.265 and increases the penalty for persons convicted of driving under the influence if the person has been convicted of the offense 3 or more times at any time, even though the statute of limitations is 10 years.

The trial court held that Heidi's law was an ex post facto violation as applied to defendant's case. Ex post facto laws are ones that: (1) attach legal consequences to acts before their effective date, and (2) they work to the disadvantage of the defendant.” The Court of Appeals held that, although Heidi's Law certainly works to defendants' disadvantage, the "amendment did not attach legal consequences to their prior offenses, which occurred before the amendment's effective date. Rather, the amendment made the consequences of their current offenses, which occurred after January 3, 2007, more severe based on defendants' prior convictions."

This issue is popping up in circuit courts all over Michigan, and certainly will be the subject of an appeal to the Michigan Supreme Court, if not the United States Supreme Court.