Second Offense OWI/DUI in Michigan

If you are facing your second DUI in Michigan, you may be worried about the consequences. Michigan has some of the harshest penalties in the country for a DUI offense. However, an experienced criminal attorney can help you defend your DUI charge.  

Administrative Penalties

If you are convicted of a second DUI in Michigan, you may lose your driver's license. In Michigan, if you are convicted of two drunken driving convictions within 7 years, the Michigan Secretary of State will suspend your driver's license for one year. In addition, restricted licenses based upon personal hardship are no longer recognized by the court. Instead, to reinstate a driver's license, you must apply for a license reinstatement through Michigan’s Driver's License Appeal Division, or DLAD, after the suspension period has ended.  

Criminal Penalties

The look back period for a DUI in Michigan is seven years from the date of the first DUI conviction. Therefore, if you are convicted of a DUI within seven years of your first DUI conviction, your criminal penalties will be enhanced. First, if you are charged with your second DUI in Michigan, you will have to pay a fine ranging from $200 to $1,000. In addition, a second DUI carries with it mandatory jail time of between five days to one year. A court will also require that you serve between 30 to 90 days of community service. Also, mandatory attendance at a DUI School may be required as part of your sentencing.

Felony vs. Misdemeanor in Michigan

A second DUI conviction in Michigan is a misdemeanor offense. A second DUI becomes a felony offense if the DUI involves an accident that causes death or serious bodily injury.

Plea Options

If you are charged with your second DUI in Michigan, you can plead guilty, not guilty, or try to negotiate a plea deal. Depending on the situation surrounding your arrest, it may be beneficial to plead guilty. However, if you have a viable defense, like a constitutional violation, then you should speak with your attorney about pleading not guilty. A plea deal for a reduced charge may be an option if you agree to serve community service and seek treatment for substance abuse.  

Getting Legal Help

If you are charged with a second DUI in Michigan, talk to an experienced criminal attorney. A criminal attorney can explain the legal consequences to you and help you decide how to proceed.