Michigan Second Offense DUI
Michigan laws regarding Driving While Intoxicated are some of the toughest around. When you are dealing with a DUI Second Offense there is a lot at stake. According to State law, when a person is convicted of a Second Offense DWI, where the offense occurs within 7 years of a previous drunk driving conviction, punishment of imprisonment for not less than five days, or more than one year may be imposed. Fines can run between $200.00 and $1000.00. Your Driver's licence will be revoked for 1 year minimum. The fines and costs stated do not include court cost. Some jurisdictions attach the costs of prosecution to the final sentence. These are just a few of the penalties for OWI Second Offense.
If you wish to view the Secretary of State’s information on Michigan alcohol and Drug offenses, it can be found here: Substance Abuse and Driving.
OWI Second Driver’s License Revocation
Most of us would have a really hard time if we lost the ability to drive. If you were previously convicted of a drunk or drugged driving in the state of Michigan, and it is within 7 years of that offense, you face losing your driver’s license. If convicted of an OWI Second, you shall lose your driver's license for at least one year. At the end of that year, you will be required to petition the Drivers Assesment and Appeals Division for a hearing to get your license back. This is not always an easy task, and you may be well advised to hire a Michigan Driver’s License Restoration Attorney to guide you through this process.
The State is Not required to give your license back if it has been revoked for a 2nd OWI. It will be up to you to comply with all of the regulations involved in restoration, such as an Alcohol Assessment provided by a qualified Evaluator. You will also need letters supporting your sobriety from friends and family members. If you are successful to this point, you will be required to install an interlock Device on your vehicle for the period of one year. Keep in mind not everyone makes it to this point. If you are unsuccessful in this first phase, it leaves you without your license for another year while you wait for another hearing.
Why A 2nd DUI Requires Acting Quickly
The stress of a situation such as this can make it hard to decide what you should do. We understand that it can be overwhelming. In order to ensure protecting all of your possible defenses, you do need to act quickly. Police department recycling policies limit the time that in car and booking videos are stored, preserving the evidence will be something you will be grateful for later. Acting fast to request the proper documents, submit F.O.I.A.requests if needed, and gather other evidence will ensure you are able to take advantage of every defense available. Police reports and videos can help determine if the police had the legal right to stop you, and if proper procedure was followed thereafter. Standardized Field Sobriety Test’s (SFST’s) are routinely performed, although,not always accurately. William Maze has a great amount of training in this area, and has been qualified by many Michigan Courts as an Expert Witness. Aside from using this knowledge to help his own clients, he is frequently called upon by other attorneys to testify on behalf of their clients. These are just two of the many things condidered when reviewing your case. This allows you to be aware of the options, and we can decide which strategies would best serve you.
Will I go to Jail with a Second OWI?
When thinking of what to ask an attorney, people are often most concerned with going to jail, keeping their license, and how fast will this be over. Jail time is of course of great concern. The law in Michigan states that Operation While Intoxicated 2nd Offense is punishable by:
A fine of between $200.00 and $1000.00 and one or more of the following:
Imprisonment of 5 Days -1 Year
Community Service of 30-90 Days.
This means that the court may order either jail time, community service, or Both. There are certain Michigan Courts where you will be more likely to receive jail time for a Second Opperating While Intoxicated. Some courts will order every possible punishment they can. There are other courts that will impose sentence based on the criteria of the case, and may or may-not include jail time. With the help of a qualified Drunk Driving Attorney, you may be able to receive a no jail sentence, but it really is case specific. To be honest, there are so many variables involved in handling a Michigan Drunk Driving case, you really need to talk to an Attorney who specializes in defending these cases to understand what is involved.
A good drunk driving attorney does more than just stand next to a client while they are taking a plea. The planning starts with the first phone call, when you will be asked the details of your case. Each case is handled according to the evidence, as well as what you want to see happen. This is a process that uses your wishes and input, combined with the knowledge and ability of your lawyer to dissect the information, know the court system, laws and procedures required to handle a DUI case, all while helping you to understand the process and answer any questions that may arise along the way. Our clients have the office contact information as well as Mr. Maze's personal email, and cell phone number to ensure easy communication.
What You Need to Know About A 2nd Offense DUI
There are many out stretching implications if you are convicted, things you may not even realize. Astronomical car insurance rates are a major issue for most people. Michigan already deals with high rates for auto insurance, adding a OWI charge can make it unaffordable for many people. There are also some medical insurances are affected by DUI convictions, even applying for life insurance can be impacted. If you are facing a second offense DUI, we urge you to take the time to investigate your options without delay. You are the person most helped by quick action. It can be a lot to think about in a short period of time, and making the right or wrong choice can have long term consequences. Call Maze Legal today to start taking control of the future.
William Maze has the knowledge it takes to look for even the smallest details that can make a difference in the outcome of your case. Handling cases in Ann Arbor, Detroit, Novi, Livonia, Warren, St.Clair Shores, Trenton and many other Wayne, Oakland, and Macomb County Courts. Representing clients in courts across Michigan has allowed William Maze to gain insight the nuances of each Michigan court.
Call Maze Legal Today 24/7 for a free consultation, or contact us online.