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Criminal & OWI Defense Team
DUI Second Offense
Prior convictions that involve DUI or OWI (operating a vehicle under the influence of alcohol or drugs or impaired driving) are maintained by the Michigan Secretary of State and the Michigan State Police. When a person receives a subsequent DUI, the prior abstracted conviction(s) allow the prosecutor to authorize a DUI with enhanced criminal and license penalties.
DUI 3rd, Felony: A DUI 3rd can be charged when a person has 2 prior DUI offenses and is arrested for a third offense. ALL prior lifetime offenses count in this scenario without regard to any time frame or look-back period for the prior DUI’s. Prior DUI’s include operating while impaired and out of state DUI convictions.
DUI 2nd Offense, the 7 Year Rule
Under Michigan Law, a DUI 2nd Offense is a misdemeanor (DUI 3rd is a felony) which carries enhanced criminal and license sanctions. There is a 7 year-rule that applies to DUI 2nd offenses.
DUI 2nd Criminal Penalties: Criminal penalties for a DUI 2nd will depend on the date of the conviction of the last offense and the date of arrest for the 2nd offense. If the date of conviction for the prior offense and the date of arrest for the new offense are within 7 years, it can be charged as a DUI 2nd with enhanced criminal penalties.
| DUI 2nd Offense | Criminal Penalties |
| Max Jail | 5 days to 1 year |
| Max Fine | $200 to $1000, plus costs |
| Comm Service | 30 to 90 days |
| Immobilization | 90 to 180 days unless forfeited |
| License | Plate Confiscated |
| Points | 6 for OWI, 4 for Impaired |
DUI 2nd License Sanctions: License sanctions for a DUI 2nd are triggered when a person obtains a combination of 2 DUI convictions within a 7-year period. The date of arrest is irrelevant. License sanctions are not imposed if the second offense conviction is beyond 7 years. However, 2 DUI convictions within 7 years will result in an indefinite license revocation once abstracted with the Michigan Secretary of State. NO DRIVING is allowed during a period of indefinite revocation under any circumstances. An indefinite revocation lasts for a period of one (1) year. A second revocation is for a period of five (5) years. A person is not eligible for a license restoration hearing before the Driver Appeal and Assessment Division of the Secretary of State until the minimum period of revocation expires.
ABDO LAW is your best option if you got caught up in the system with a DUI 2nd in the counties of Macomb, Oakland, St. Clair and Wayne. By explaining the 7-year rule as we have, you are already armed with more information than you can get by calling 10 lawyers!
DUI Representation in Macomb, Oakland, St. Clair & Wayne
CALL: Metro Detroit: 586-412-5555
DUI 2nd Offense and Sobriety Court
Sobriety Court is available in select jurisdictions. Sobriety Court is an excellent way for our eligible clients to avoid indefinite license revocation. Getting into Sobriety Court will enable a person obtain a restricted license with the requirement of a Breath Alcohol Ignition Interlock Device (BAIID). There is a no-driving period of 45 days before a person is eligible for a restricted license after getting into Sobriety Court. In addition, the license restrictions will continue for at least 1 year. After the minimum period of restrictions are successfully served, a hearing may be requested before the Driver Appeal and Assessment Division (DAAD) of the Secretary of State for full driving privileges. We do not recommend requesting a hearing before the DAAD until there is proof of completion of probation and Sobriety Court.
There are Sobriety Court programs in the counties of Macomb, Oakland and Wayne. However, not every district court has a Sobriety Court program. If a person is charged with a DUI 2nd in a court system that does not have a Sobriety Court program, ABDO LAW has been able to obtain permission for transfers with cooperating courts. For example, if you have a DUI in 41A District Court (Shelby) or the 42nd District Court (New Baltimore, Romeo Divisions), we may ask for permission to have the case transferred to a court with a Sobriety Court program such as the 41B District Court (Clinton Township).
Fighting a DUI 2nd
In every DUI or criminal matter, the prosecutor is required to prove guilt beyond a reasonable doubt. The “reasonable doubt” burden of proof is extremely high. We can fight your DUI at trial if we have an opinion that it is based upon insufficient evidence, a bad traffic stop, questionable chemical tests or there is an issue as “operation” of the vehicle. For more information, please refer to our links:
What if Prior DUI Offense(s) Don’t Show Up?
In our DUI defense practice, we occasionally represent someone with prior DUI’s that that are not discovered by the police, the prosecutor or the court system. When this occurs, the DUI offender may avoid enhancement of the charge to a more serious DUI 2nd or DUI 3rd. However, the prosecutor may seek enhancement of the charges (to a DUI 2nd or DUI 3rd) if the prior DUI records are discovered at any time until the case is closed in the court system.
ABDO LAW has the highest national ratings for legal ability by AVVO (Superb) and Martindale Hubbell (Preeminent). We do not rest on our achievements and ratings and will give you first class legal representation to get you to a better place.
EMAIL or CALL Abdo Law for a FREE CONSULTATION. Phone messages after business hours are forwarded to our attorneys. We offer same day, evening, weekend appointments and the ability to retain us over the internet. Payment plans and all credit cards accepted.
CALL: Metro Detroit: 586-412-5555
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