In most cases, an OWI, OWVI or other offense related to driving under the influence in Michigan is charged as a misdemeanor. However, there are certain situations where the offense may be elevated to a felony crime. When this occurs, the stakes for the defendant increases dramatically. Now they’ll be facing time in prison rather than jail and be required to pay even higher fines than they would if they were convicted of a misdemeanor.
Although a misdemeanor is nothing to laugh about, the collateral consequences of a felony conviction are much more extensive. Convicted felons often face difficulties throughout their lives thanks to their criminal record. Your conviction could limit your employment and housing prospects, eliminate you from licensing opportunities, and ultimately hinder you from your goals. That is why we highly encourage you to contact an experienced criminal defense attorney if you’ve been arrested with a felony OWI.
Felony DUI Defense Attorney, Oakland County | Michigan OWI
You’re likely feeling a ton of stress, anxiety, and uncertainty after learning of your felony OWI charge. You’re probably worried about losing your license, the possibility of going to jail or even prison, and what this charge/conviction may do to your life and reputation. Thankfully, you’re not completely without options. You can call an experienced Michigan felony OWI defense lawyer with J. Dallo of Dallo Law, P.C. for excellent and effective legal representation.
Attorney Dallo has been practicing criminal defense for years with a special focus in operating a vehicle while intoxicated (OWI). He can explain your legal options and then execute the best defense strategy for your case based off his analysis. Call Dallo Law, P.C. today at (248) 283-7000 to set up your first consultation of charge.
Dallo Law, P.C. is located in Bloomfield Hills, but we accept clients in Oakland County and Macomb County including, but not limited to Birmingham, Pontiac, Troy, Waterford Township, Royal Oak, Rochester, Rochester Hills, Sterling Heights, Fraser, Utica, Roseville, Warren, St. Clair Shores, and Eastpointe.
Information Center:
Is a DUI a felony in Michigan?
For most OWI and OWVI cases, the crime will result in a misdemeanor. Despite this fact, there are still certain scenarios under the Michigan Penal Code where an OWI or OWVI may be classified as a felony offense. These instances include the following:
- If someone was seriously injured in connection to the OWI offense
- If someone was killed in connection to the OWI offense
- If the defendant has two prior OWI or OWVI convictions on their record
Although all the crimes described above are felony offenses, they don’t all share the same sentencing guidelines. To learn the penalties for felony OWI, read the sections listed below.
What Happens When Your Third OWI?
Operating a vehicle while intoxicated is a serious misdemeanor offense. The crime is enhanced to a felony crime if the defendant has two prior convictions for OWI on their criminal record according to Section 257.625 of the Michigan Vehicle Code. Whether it’s a third or subsequent OWI offense, the court may impose the following penalties upon conviction.
- Up to 5 years in prison
- Probation for up to 1 year
- A fine of up to $500
- License suspension
- Points added to your driving record
- Order of community service for up to 180 days
- Immobilization order or forfeiture order for the defendant’s vehicle
OWI with Serious Injury
Operating a vehicle while intoxicated is incredibly dangerous as the slowed reaction time could potentially result in a serious accident. That is why the state of Michigan has penalty enhancements if a person is seriously injured in connection with an OWI. The injury doesn’t have to stem from the accident but does need to be connected to the OWI if the court wishes to enhance the defendant’s penalties.
An OWI involving serious injury may result in the following penalties:
- Up to 5 years in prison
- Probation for up to 1 year
- A fine of up to $5,000
- Driver’s license suspension
- Points added to your driving record
- Order of community service for up to 180 days
- Immobilization order or forfeiture order for the defendant’s vehicle
How Many Years Do You Get for Vehicular Manslaughter?
When another person is killed in connection to an OWI accident, the penalties increase dramatically. The court will enhance the penalties even further if the person deceased was an emergency responder doing their official duties. The criminal consequences for vehicular manslaughter in Michigan include:
- Up to 15 years or 20 years if the victim was an emergency responder
- A fine of up to $10,000
- Driver’s license suspension
- Points added to your driving record
- Immobilization order or forfeiture order for the defendant’s vehicle
How to Beat a Felony OWI Charge
It’s true that felony OWI charges have incredibly harsh penalties that could alter your life indefinitely. However, that doesn’t mean defending a felony OWI charge is hopeless. With the right attorney, you can fight your OWI charges with their help. They can investigate the facts of the case, collect compelling evidence, call upon experts, pass creative/necessary motions needed to drive the case in the right direction, and do whatever needed to reduce or ultimately dismiss your felony OWI charge.
Your attorney can employ a number of defenses to attack the prosecutor’s case. These include:
- Showing evidence that you were never impaired
- Arguing the officer who arrested you had no right to conduct a traffic stop
- Challenging the BAC results by saying the tests were administered improperly
- Arguing the officer didn’t follow proper procedures when arresting you
- Contesting breath, blood, or urine test results
- Stating the officer violated your constitutional rights
Additional Resources
Michigan Felony OWI Laws – Visit the official website for the Michigan Legislature to read up on their laws related to felony OWI cases. Access our site to learn more about the various penalties, penalty enhancements, admissible defenses, and other important information.
License Suspension after Felony OWI – Visit the official website for the Secretary of State Jocelyn Benson to learn more about the license sanctions/suspensions after a felony OWI offense. Access the site to learn more about how you can get your license back, express consent laws, and the different types of OWI charges in Michigan.
Oakland County Felony OWI Lawyer, MI | Third or Subsequent DUI
If you or someone you know has been arrested for a felony OWI offense, call Dallo Law, P.C.. You will need a defense team prepared and ready to take on your case fast and our team at Dallo Law, P.C. are ready to take on the challenge. We have helped hundreds of clients avoid the statutory penalties of OWI via an effective and efficient defense strategy.
Call now at (248) 283-7000 to set up your first consultation of charge. Dallo Law, P.C. accepts clients throughout the greater Oakland County and Macomb County, Michigan area.