Resisting arrest, driving with minors in the vehicle, and many other aggravating factors for a third-offense DUI/OWI in Troy could result in serious, life-altering consequences. Fortunately, there are options that you have at your disposal to defend against charges and mitigate the effects of them. To learn more, reach out to an attorney who has handled third-offense DUI/OWI cases before.
Penalty Enhancements and Aggravating FactorsSome of the penalty enhancements or aggravating factors for third offense DUI/OWI charges in Troy, which is a felony, include a higher BAC which will have an impact on the sentencing guidelines applicable to felony drunk driving. Other factors include the presence of minors in the vehicle, depending on the facts of the vehicle such as accidents, and one’s behavior towards the police. All of these are aggravating factors that a judge could look at when determining a possible sanction in a drunk driving case. The way that felonies work in the State of Michigan is that there is a non-mandatory guideline that would be calculated. That guideline is a range of time that is based on a person’s current offense and prior conviction history. Using a specific grid pattern, it would tell the judge what the approximate minimal penalty should be.
The guideline range in most first felony offense drunk driving charges are usually somewhere between zero and six, or zero and nine months’ timeframe. Although it says zero, because it is a felony drunk driving in the state of Michigan, the mandatory minimum is 30 days. However, it gives the judges an extreme amount of leeway, even if they were to remain within the guidelines. Although the guidelines are now non-mandatory, judges often follow them and these may allow someone to serve multiple months in jail. This is especially true if there are factors that the judge feels are particularly important, and with extreme aggravating circumstances, the judge go well above the guidelines. This means even for those cases where the guidelines dictate “only” six months in jail, a judge could give a few years in prison. For example, the presence of children is a factor that could to a more severe sanction outside the guideline range. In addition, there are other charges that could stem from a third offense drunk driving if someone is either hurt or killed. Potential from those charges is extended prison time. Generally, in the state of Michigan, any time somebody is killed, they are looking at somewhere between four and ten years in prison, depending on the judge that one encounters.
It is also not outside the realm of possibility that somebody could be serving prison for 15 or more years, depending on the factors involved when someone is killed. Drunk driving is a very serious matter. It is taken very seriously in Troy in Oakland County. People need to understand under normal factors they are still facing a minimum of 30 days in jail, even without any aggravating circumstances. If there are any higher factors, they need to be aware that it could be a much more significant stay in either county or prison time. Any sentence one year or less will remain in the county.
Mitigate Aggravating Factors for a Third-Time DUI/OWI in TroyWith the number of potential aggravating factors that a third-offense DUI or OWI in Troy, it is within your interests to partner with a dedicated legal professional who can help. With an attorney at your side, you can rest assured that someone is ready to protect your rights. Reach out today to start an initial consultation.