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Felony OWI. Drunk Driving 3rd and beyond
Felony Drunk Driving and Mandatory Jail
In the State of Michigan if you get a 3rd OWI in a life time it is a 1 to 5 year felony. It carries mandatory jail. Minimum of 30 days. That is if you have a clean record and do everything right. Courts are tough on OWI 3rd offenses or even cases where there is an accident and someone is inquired or killed. Felony OWI's in Michigan can be very serious charges.
HOW MUCH TROUBLE AM I IN
If you are convicted
But on a first offense won't I get an impaired?
If you are convicted you are in more trouble then you may think.The residual effect of a drunk driving conviction can last for a very long time. Your car insurance will increase to levels that can be considered a nightmare. If you are convicted of shop lifting, domestic violence, or armed robbery your car insurance will not be raised. But
If you are convicted you are in more trouble then you may think.The residual effect of a drunk driving conviction can last for a very long time. Your car insurance will increase to levels that can be considered a nightmare. If you are convicted of shop lifting, domestic violence, or armed robbery your car insurance will not be raised. But OWI your insurance will increase substantially. Probation and drug tests for up to a year sometimes longer. License suspensions. It can not be expunged . And if you are convicted of a 2nd or 3rd offense it gets worse
A second offense OWI carries mandatory jail and a revocation of your license. A 3rd offense is a felony. Let that sink in. So, when you have a first offense OWI shouldn't your attorney fight it? Shouldn't you take it to trial? Short of a hard crime like murder, bank robbery, violent assaults, guns crimes, drunk driving receives the harshest penalties. of any crime. Shop lifting, domestic violence, assault, fraud and other such crimes do not have the residual effects of drunk driving convictions. And the one that gets me is the way the courts can control every element of your life while you're on probation. Its expensive.
But on a first offense won't I get an impaired?
But on a first offense won't I get an impaired?
Most likely, on a first offense you will be offered an impair and a no jail deal. But this can be deceptive. The penalty for an impaired driving is a little bit lighter then a DUI or OWI. For example, less points on your drivers license, a lower fine, and a restricted license. But truthfully, in the bigger picture this might not be such
Most likely, on a first offense you will be offered an impair and a no jail deal. But this can be deceptive. The penalty for an impaired driving is a little bit lighter then a DUI or OWI. For example, less points on your drivers license, a lower fine, and a restricted license. But truthfully, in the bigger picture this might not be such a good deal. You still will be labeled a drunk driver for the rest of your life. You will pay high insurance. You will still be under the long arm of the law in the system with probation and drug and alcohol testing. And it will be very expensive for a long time. There are plenty of reasons why one should take a first offense to trial. The prosecutors act like giving you an impaired is a great deal and they are doing you a favor. But things can go wrong for them in trial. There are defenses as mentioned elsewhere in this website. A good drunk driving attorney knows it and will advise you to maybe turn down the States offer. Is it a gamble to turn down their offer and proceed to trial? Sure, but not as great as you might think. The difference between and impaired and an OWI is very nominal long term. A good OWI lawyer should be doing their work by filing motions to suppress and or dismiss and do a fair amount of investigation and trial prep before they advise you to take any offers. And yes, go to trial if need be. Taking a first offense OWI to trial is not the worse thing you can do. Even if you loss the consequences between accepting an impaired and going to trial and losing and have an OWI are almost the same. Especially, big picture. And if it is a super drunk and there is no offer then going to trial should be obvious. And in a lot of jurisdictions on a Super drunk they do not make offers you are excepted to plead guilty when you walk into court.
Attorney Fees
Attorney Fees
In my opinion a lot of attorneys will take your $1500 and as soon as the ink is dry they are telling you they can get it knocked down to an impaired driving and you won't do jail. Seriously? An attorney needs to do the work. There is a lot of science to the anatomy of a DUI case. There are hours of investigation to be done before an attor
In my opinion a lot of attorneys will take your $1500 and as soon as the ink is dry they are telling you they can get it knocked down to an impaired driving and you won't do jail. Seriously? An attorney needs to do the work. There is a lot of science to the anatomy of a DUI case. There are hours of investigation to be done before an attorney can tell you to plead to an impaired. Your attorney has already made up his mind that you are guilty and there are no defenses to your case before he has ever reviewed the evidence. In my opinion that is a little bit like stealing.
And then there is the Super drunk. This is the money maker for everybody. Your money. A .17% BAC.. The Super Drunk of OWI with a high BAC carries very harsh penalties. Be ready for heavy license suspensions and blow and go or interlock device. and enhanced fines and probation. And maybe even jail time on this one. If the prosecutor makes no offer why wouldn't you take it to trial? And yet, everyday I see lawyers changing $2000 because its a Super Drunk and they have no intention of going to trial they are planning to plead you as soon as they get your money. Their strategy is to plead you down and if they can't do that then they will try to get an easy sentence. They have no intention of trial on your case. This goes on. Don't fall for it. On a Super Drunk an attorney ought to be preparing for trial out of the gate. Remember you are presumed innocent until proven guilty and the only person on your side here is your attorney. Why would you not take a Super Drunk to trial? There are always defenses. A good attorney will charge you for their time, effort and work. A good attorney will not just charge you and plead you guilty the first court appearance. Remember that.
That said I believe in doing a hard days work at an affordable fee. My prices are fair and reasonable.