Michigan Drunk Driving Second (2nd) and Third (3rd) Offenses
If you are charged with a second or subsequent offense Drunk Driving OWI/DWI in Michigan, the punishments and the stakes are significantly higher. Particularly for repeat offenders, Michigan has tough Drunk Driving OWI/DWI laws and it can be critical to have a knowledgeable and experienced Drunk Driving OWI/DWI 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) and 3rd (Third) Offense Drunk Driving Penalties
Charge |
Potential Sentence |
|
OWI (2nd offense within 7 years) |
|
|
OWVI (second offense within 7 years) |
|
Michigan 3rd (Third) Offense OWI/OWVI Penalties
A third offense or higher offense of drunk driving in Michigan in the drivers lifetime is considered a felony charge under Michigan drunk driving laws.
3rd Offense Charge |
Potential Sentence |
OWI (third offense within defendant’s lifetime) |
|
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.