Second Offense OWI Charges

In Michigan, Operating While Intoxicated is considered a second offense if the violation occurs within seven years of a previous conviction. A second conviction for OWI, whether that conviction occurred in Michigan or was the result of a DUI or similar charge in another state, carries more serious penalties than a first offense.

The consequences of a second OWI conviction within seven years include:

  • A fine of $200-$1,000, and
  • Five days to one year in jail; or
  • 30 to 90 days of community service; or
  • A combination of jail time and community service
  • 6 driver’s license points
  • Driver’s license revocation for a minimum of one year
  • A Driver Responsibility fee of $1,000 per year for two years

Additional consequences may include license plate confiscation and vehicle immobilization for 90-180 days or vehicle forfeiture. In addition, the mandatory driver’s license revocation period is five years if the driver’s license has been revoked within the preceding seven years.

If you’ve been charged with Operating While Intoxicated and it’s not your first time, you can’t afford to take chances. A conviction for a second offense OWI can be expensive, cost you your driver’s license and even mean jail time.
Attorney Tara L. Sharp has the knowledge and experience to advise and represent you in a second offense OWI case. Just as in a first offense OWI case, there are many possible lines of defense, including:

  • Challenging probable cause for the stop
  • Establishing that the driver did not receive appropriate warnings regarding the breathalyzer test
  • Challenging the accuracy of the breathalyzer device
  • Challenging the administration of the breathalyzer test

Call us today at 269-978-6560 to schedule your free consultation.

Operating While Visibly Impaired, Second Offense

The possible penalties for a second Operating While Visibly Impaired conviction are identical to those associated with a second conviction with two exceptions:

  • 4 driver’s license points are assigned rather than 6; and
  • The Driver Responsibility fee is $500 in each of two years rather than $1,000

Mixed Drunk Driving Offenses

For purposes of determining a second offense within seven years or a third offense, the prior charge or charges need not have been exactly the same as the current charge. For example, a driver charged with Operating While Visibly Impaired who was convicted five years earlier of Operating While Intoxicated will be charged with a second offense.
Likewise, the substance in question need not be the same. A driver previously convicted of operating a motor vehicle under the influence of drugs, for example, may be charged with a second offense although the new charge is based on operating under the influence of alcohol.

Repeat OWI Offenses

OWI charges are even more serious when the defendant has two or more prior convictions. In the case of a third or subsequent offense, it does not matter how much time has passed since the previous conviction. A driver charged with Operating While Intoxicated for the third or subsequent time in his lifetime will be charged with a felony. The charge carries possible penalties of:

  • A fine of $500-$5,000
  • One to five years in prison
  • 30 days to one year of probation
  • 60 to 180 days of community service

Get Legal Help with Your Second Offense OWI

Whether you’re facing a second Operating While Intoxicated charge or a possible second conviction for Operating While Visibly Impaired, you owe it to yourself to get accurate information about the law, the strength or weakness of the case against you, and your options for preserving your rights and fighting the charges against you.
Pick up the phone right now and schedule your free consultation. 269-978-6560.

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