OWI 2nd Offense

Michigan DWI/OWI Second (2nd) Offense and Subsequent Offenses

If you are charged with a second or subsequent offense OWI in Michigan, the punishments and the stakes are significantly higher. Particularly for repeat offenders, Michigan has tough OWI/DWI laws and it can be critical to have a knowledgeable OUI defense attorney on your side when you are facing charges of this magnitude. Contact us today for a consultation on your case.

Michigan 2nd (Second) Offense OWI/OWVI Penalties

Charge

Potential Sentence

OWI (2nd offense within 7 years)
  • Fines of $200-1,000
  • At least 5 days and no more than 1 year in prison
  • Driver’s License revocation for 1 year
  • 6 points on your driving record
  • Possible vehicle seizure
  • If vehicle is not taken, you will lose use of it for 90-180 days
  • 30-90 days of community service
  • $1,000 annual driver’s responsibility fee for two years
OWVI (second offense within 7 years)
  • Fines of $200-1,000
  • 5 days to 1 year in prison
  • Driver’s license revocation for one year
  • 4 points on your driving record
  • Possible vehicle seizure
  • If vehicle is not taken, you will lose use of it for 90-180 days
  • 30-90 days of community service
  • $500 annual driver’s responsibility fee for two years

Michigan 3rd (Third) Offense OWI/OWVI Penalties

A third offense OWVI/OWI is considered a felony charge under Michigan drunk driving laws.

3rd Offense Charge

Potential Sentence

OWI (third offense within 10 years)
  • Fines of $500-5,000
  • 1 to 5 years in prison
  • 60-180 days community service
  • Possible vehicle seizure
  • If vehicle is not taken, you will lose use of it for 1-3 years
  • 6 points on your driving record
  • $1,000 annual driver’s responsibility fee for two years
OWVI (3rd offense within 10 years)
  • Fines of $500-5,000
  • 1 to 5 years in prison
  • 60-180 days community service
  • Possible vehicle seizure
  • If vehicle is not taken, you will lose use of it for 1-3 years
  • 4 points on your driving record
  • $500 annual driver’s responsibility fee for two years

Note:The terms OWI (operating while intoxicated), DWI (driving while intoxicated), and DUI (driving under the influence) are often used interchangeably in the Michigan criminal courts system. Although they may be used to refer to the same crime, OWI  and OWVI are the terms used in the Michigan State Penal Code.

 

How does a police officer determine if I am intoxicated?

Under the Michigan statutes there are a few ways that you can be charged with OWI. One is by your blood alcohol content (BAC). If your BAC is over .08% the law states you are intoxicated.

However, if for some reason a breathalyzer or similar test wasn’t used, a police officer can use other field sobriety test methods to determine if you were too impaired to drive.

OWVI Laws

If the officer does not use a breathalyzer or if your BAC is less than .08%, you may still be charged with OWVI or Operating While Visibly Impaired. This charge is easier for the prosecution and carries slightly less harsh potential sentences.

Vehicle Forfeiture

For many repeat OWI offenses, the state of Michigan may forfeit your vehicle upon conviction. If your vehicle is taken as a result of your conviction, it may be sold and the profits distributed to any liens still existing on the car.

Breath Test Refusal

If you refuse to take a breath test to determine your BAC, and are later convicted of the OWI charge, you will face a one year suspension of your driver’s license.

Free Legal Consultation on 2nd Offense OWI charges

Please call us for a consultation on your Michigan 2nd offense OWI charge. You need the best Michigan OWI lawyer advice you can get to help you though this, to try to save your license, and keep you out of jail. Contact us right away for a free OWI case evaluation.