A 2nd Offense OWI / DUI, or otherwise known as a 2nd offense Drunk Driving is a misdemeanor criminal charge.
I have practiced specialized criminal defense in Macomb County for over 30 years and have represented thousands of clients facing 2nd Offense OWI / DUI in Sterling Heights, Shelby Township, Washington, Clinton Township, Utica, Warren, Fraser, Roseville, Eastpointe, St. Clair Shores, Harrison Township, Mt. Clemens, Chesterfield, New Baltimore and Macomb Township.
If you’re facing a 2nd offense OWI / DUI then it is likely you are already somewhat familiar with the legal process and ramifications of a drunk driving charge. The purpose of writing this article is to point out the differences between a 2nd offense OWI / DUI and a 1st Offense as well as provide answers to some of the most common questions I am asked by my clients whom are facing a 2nd Offense OWI / DUI charge. Without a doubt the number one concern by most;
AM I GOING TO JAIL? – You probably already know there are three types of OWI / DUI charges. 1st Offense OWI, 2nd Offense OWI, or 3rd Offense OWI (Felony). The court systems in Macomb County can be, relatively speaking, very forgiving to 1st time OWI / DUI offenders. Most likely the sentence involved AA attendance, some substance abuse counseling / treatment and some form of probation.
With a 2nd offense the judge will view you as having either an alcohol problem, a poor judgement problem, a problem obeying the law, or a combination. Statistically a 2nd Offense OWI/ DUI offender is far more likely to have an alcohol problem than the population as a whole. The judge and court system will view you as a risk to public safety. Unlike a 1st time offender, the possibility of jail time is much more real for a 2nd time offender.
If you or a loved one is facing a 2nd Offense OWI / DUI charge; Not only is it important that you have legal representation, but you need an attorney whom specializes in OWI / DUI charges and one that specializes in the geographic location where you are being charged. A DUI attorney is an attorney in which the majority of his/her business is representing clients on OWI / DUI charges. Specializing in one geographic location means working in 1 county, not tri-county, not 2 counties, 1 county. Limiting my practice to only Macomb County means fewer potential clients and cases, it also means I am in Macomb County Circuit and District Courts everyday. Daily I am representing clients in Sterling Heights 41A, Shelby Township 41A, Clinton Township 41B, New Baltimore 42nd, Romeo 42nd, Warren 37th, Eastpointe 38th, Roseville 39th, Fraser 39B, St. Clair Shores 40th and the 16th Judicial Macomb County Circuit Court. I have been specializing in these courts now for over 30 years. I understand the Macomb County legal landscape very well. When it comes to legal representation in a 2nd Offense OWI / DUI charge don’t sell your self short.
With a 2nd Offense OWI / DUI; Probation, Substance Abuse Counseling, AA, Alcohol Testing, and abstinence from Alcohol, are all most likely in your future, however Jail time, and all the repercussions of being in Jail can be avoided with the right OWI / DUI attorney. Do not delay, there are actions that must be taken early on to ensure the best possible outcome for your case. Call my office at 586-979-6000, email at robinettelaw@gmail.com or complete the CONTACT FORM.
WILL MY DRIVER’S LICENSE BE REVOKED? – This depends, if your 1st OWI / DUI arrest occurred or you were convicted within the past 7 years, then the answer is yes, that is unless your 2nd offense OWI / DUI is reduced or dismissed (Less than 5% of all OWI / DUI charges are dismissed). The Driver’s License Revocation is carried out by the Secretary of State and is mandatory. If your 1st offense is greater than 7 years, it is at the courts discretion.
Operating While Intoxicated (OWI) or Operating With Any Presence of a Schedule 1 Drug or Cocaine (OWPD)
- $100 to $500 fine and one or more of the following:
- Up to 93 days in jail.
- Up to 360 hours of community service.
- Driver’s license suspension for 30 days, followed by license restrictions for 150 days.
- Possible vehicle immobilization.
- Possible ignition interlock.
- Six points added to driving record.
- Driver Responsibility Fee:
- $1,000 for OWI.
- $500 for OWPD.
Second Offense within 7 Years (any combination):
Operating While Intoxicated
- $200 to $1000 fine, and 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.
- 6 points added to the offender’s driving record.
- Driver Responsibility Fee of $1,000