If you are facing a third operating while intoxicated (OWI) charge, you may feel like your case is hopeless. However, regardless of how many prior convictions you may have, you are not guilty until the prosecutor proves each element of the crime beyond a reasonable doubt. A Novi third-offense DUI lawyer could be the advocate you need to defend you against these allegations. Reach out to an experienced DUI attorney today.
Penalties and Statutes Related to DUI Offenses in NoviIf a court previously convicted a driver of two drinking and driving offenses under Michigan Code §257.625, the third offense carries stronger penalties, including mandatory jail time. You can be charged with felony drunk driving for any situation where you are either visibly intoxicated or have a blood alcohol content (BAC) above 0.08. Felony drunk driving can also be charged for prescription and/or illegal drugs. Michigan has lifetime look back, so the age of the prior offenses is insignificant. Even prior DUI’s that are 20 or 30 years old can be used to enhance the new charge to a felony, with the corresponding potential consequences enhanced.
Felony Charges for Third OffenseIf there were no aggravating circumstances such as death or injuries, most first and second offenses related to driving under the influence are misdemeanors. However, prosecutors almost always raise third violations to felonies. A felony conviction will appear on a person’s criminal record forever. This is because DUI offenses can never be expunged or removed from your record. People convicted of a felony DUI will have their voting rights and second amendment rights suspended, and they may face difficulties gaining employment or securing housing.
Penalty for Third DUI OffenseA third driving under the influence (DUI) conviction results in at least 30 days of jail time but could result in up to five years in prison. A third-offense DUI will also result in hefty fines, and license revocation of between one and five years. You will also be facing vehicle immobilization or forfeiture. Fines range from $500 to $5,000 for this level of offense on top of up to 180 days of community service.
During the probation period, if you do happen to hang on to your driver’s license, then a judge may still order the installation and use of a breath alcohol ignition interlock device (BAIID) which forces the driver to take a breathalyzer test before the vehicle can operate.
A third-offense DUI lawyer in Novi could devise a strategy to fight the charges and potentially mitigate the consequences of a conviction.
License SuspensionAfter a third conviction, the Secretary of State will suspend or revoke the license depending on the age of the prior offenses. If there are two prior DUIs within seven years or three within ten years, then the license will be revoked. If the priors are more than ten years old, then it is possible, depending on the circumstances, that you may only be facing license suspension. You should discuss periods of suspension or revocation with an experienced Novi third-time DUI attorney.
Aggravating Circumstances Related to DUIIf the drunk driving injured or killed another person, the penalties may increase dramatically. Causing injury or death while driving under the influence is a felony, carrying extensive consequences and substantial terms of incarceration.
Contact a Novi Third-Offense DUI Attorney to Learn MoreWhen charged with a third OWI, there are many options for how to proceed and consulting with a Novi third-offense DUI lawyer could help you pick the defense strategy best suited to your case. An attorney may also help you understand what you can expect from the legal process and what might be at stake. Call a seasoned attorney today to schedule a consultation for your case.