After a first drunk driving conviction, many cannot believe they could never find themselves in the same position again. The idea of being arrested, charged, and prosecuted for a second time can seem unthinkable. But, unfortunately in life, the unthinkable does sometimes happen. If you or someone you know has been arrested for their second drunk driving offense, then it’s imperative you get in contact with an experienced OWI defense attorney.
Similar to a first OWI offense, a second OWI conviction is a misdemeanor. However, you could be sentenced from anywhere between five days and one year in jail if the conviction was within seven years of your first. Not only that, but you could be ordered to pay large fines, perform community service, attend alcohol classes, and whatever other condition the judge imposes on your sentence. Setting up your defense early for multiple DUI charges is the key to avoiding the full statutory penalties. Start developing your defense plan today with the experienced legal team over at Dallo Law, P.C..
OWI Second Offense Attorney in Oakland County, MI
A second OWI conviction could impact your life tremendously. The conviction on your record could influence your future employment, housing, and even your personal relationships. That is why we highly recommend you tackle your charges now by hiring the experienced and skilled attorney J. Dallo of Dallo Law, P.C..
Attorney Dallo represents individuals of all professions accused of OWI who often serve an important role in their community. He understands how devastating the stigma of having a criminal record can be on a person, especially if they’re a repeat offender. So, if you’re in need of a compassionate attorney who’s also aggressive in the courtroom, we’d suggest you get in contact with Dallo Law, P.C. as soon as possible. Call now at (248) 283-7000 to set up your first consultation today for free.
Dallo Law, P.C. accepts clients throughout the greater Macomb County and Oakland County area including Clinton Township, Warren, Sterling Heights, Utica, Eastpointe, Bloomfield Hills, West Bloomfield Township, Birmingham, Madison Heights and Novi.
- Is Jail Mandatory for a 2nd DUI in Michigan?
- Penalties for Second OWVI in Michigan
- Michigan Penalties for a Second Super Drunk OWI
- Additional Resources
Is Jail Mandatory for a Second DUI in Michigan?
A conviction for a second offense of OWI within seven (7) years, comes with more serious penalties and sanctions than a first OWI conviction. This includes a mandatory jail sentence of at least 5 days. Although the sentence itself is up to the discretion of the judge, it’s common for judges to sentence a second OWI offender to at least the minimum jail sentence if convicted.
If your current OWI violation occurred within 7 years of your prior conviction, then the judge may sentence you to pay a fine of not less than $200.00 or more than $1,000.00 and one or more of the following:
- Imprisonment for not less than 5 days or more than 1 year. Not less than 48 hours of the term of imprisonment imposed under this subparagraph must be served consecutively.
- Community service for not less than 30 days or more than 90 days.
- Six (6) points on the driving record
- Mandatory immobilization for not less than 90 days or more than 180 days, unless forfeiture is ordered under MCL 257.625n.
- If you were convicted of a second OWI with no prior convictions in the last seven years, other sanctions you may include:
- A mandatory one-year driver’s license suspension
- Possible restricted license after 45 days under certain circumstances as required in MCL 257.319(8)(g) and MCL 257.319(16).
Penalties for Second OWVI Offense in Michigan
When law enforcement cannot prove intoxication through BAC, they may resort to charging you with operating a vehicle while visibly impaired. To convict you, the prosecution must prove beyond a reasonable doubt that your ability to operate a motor vehicle in a safe manner was impaired by alcohol, a controlled substance, or another intoxicating substance. Unlike other DUI offenses, a conviction for OWVI can rely on field sobriety tests. Chemical tests such as a breathalyzer or blood test aren’t necessary to obtain a conviction.
A conviction for a second offense of Operating While Visibly Impaired (OWVI) comes with the following penalties:
- A fine of $200 to $1,000 fine
- One or more of the following:
- 5 days to 1 year in jail.
- 30 to 90 days of community service.
- Driver’s license revocation and denial for a minimum of 1 year (minimum of 5 years if there was a prior revocation within 7 years).
- License plate confiscation.
- Vehicle immobilization for 90 to 180 days unless the vehicle is forfeited.
- Possible vehicle forfeiture.
- 4 points added to the offender’s driving record.
Michigan Super Drunk Laws Second Offense
Having a high BAC of .17 or higher could mean enhanced penalties thanks to Michigan’s super drunk laws. If it’s your second super drunk OWI, then the consequences are even more harsh. A conviction for a high BAC OWI within 7 years of your prior, will result in the following:
- A mandatory fine of up to $1,000
- A mandatory jail sentence with a minimum of 5 days up to one year in jail
- And a required 90 days of community service
- License plate confiscation
In addition, your vehicle may be immobilized or even forfeited as a result of the conviction. Your driver’s license will be revoked for a minimum of one year and four points will be added to your driving record. The court may require you to install an ignition interlock device (IID) after you’ve completed your revocation period.
SOS | Michigan Drinking and Driving Laws – Visit the official website for the Secretary of State, Jocelyn Benson, to find a handy guide on OWI laws in Michigan. Access the site to find out the penalties for both standard OWI as well as high BAC OWI convictions. Then look through their related content links for information on CDL drivers, IID, BAIID installer info and more.
Sobriety Court | Oakland County, MI – Visit the official website for Oakland County, Michigan to read up on the sobriety court option included in the 52nd District Court, Division 2. Access the site to learn more about the programs requirements, the benefits of participating in Sobriety Court, and the contact information of the Sobriety Court Coordinator.
Attorney for Second Offense DUI in Michigan
Being charged with a second OWI offense should never be taken lightly. Your reputation, career, professional license, and possibly more hang in the balance because of it. Be proactive about your defense and future by contacting the knowledgeable and experienced OWI defense attorney J. Dallo from Dallo Law, P.C..
Attorney Dallo will investigate all the details of your unique case in order to effectively defend against a conviction and the resulting criminal penalties. With his resources, skills, and network, attorney Dallo will give you the advantage you need to avoid the full statutory penalties. Set up your first consultation for free today by calling Dallo Law, P.C. at (248) 283-7000. The office for Dallo Law, P.C. can be located in Bloomfield Hills, Michigan, but we practice throughout both the greater Oakland County and Macomb County area.