CPL requirements

I would like to obtain a CPL, however at first glance I do not meet the statutory requirements. In particular is the 2nd DUI conviction and the 8 year wait of said conviction, as it has been only 4 years from the conviction.

The CPL law reads

"Have not been convicted of one of the following misdemeanors in the 8 years immediately preceding the date of application:


Operating while intoxicated, second offense, MCL 257.625(9)(b)"

OK, so I fail to meet that requirement because in 2011 I was convicted of DUI 2nd..... Or do I?

A further look at MCL 257.625(9)(b)


(9) If a person is convicted of violating subsection (1) or (8), all of the following apply:

(a) Except as otherwise provided in subdivisions (b) and (c), the person is guilty of a misdemeanor punishable by 1 or more of the following:

(i) Community service for not more than 360 hours.

(ii) Imprisonment for not more than 93 days, or, if the person is convicted of violating subsection (1)(c), imprisonment for not more than 180 days.

(iii) A fine of not less than $100.00 or more than $500.00, or, if the person is guilty of violating subsection (1)(c), a fine of not less than $200.00 or more than $700.00.

(b) If the violation occurs within 7 years of a prior conviction, the person shall be sentenced to pay a fine of not less than $200.00 or more than $1,000.00 and 1 or more of the following:

(i) Imprisonment for not less than 5 days or more than 1 year. Not less than 48 hours of the term of imprisonment imposed under this subparagraph shall be served consecutively.

(ii) Community service for not less than 30 days or more than 90 days



Here it states a 2nd conviction in 7 years, well folks my prior conviction to 2011 was in 2001 its actually around 9 years apart by conviction dates.

Would this qualify me for the statutory requirements of a CPL?

CPL requirements