Michigan OWI DUI Repeat Offender


A person who is arrested for suspected drunk or drugged driving and charged as a Michigan OWI DUI repeat offender must be aware that a prior conviction may significantly impact how the new offense is charged and what penalties may apply upon conviction.

For this reason, it is imperative that anyone who many qualify as a Michigan OWI DUI repeat offender seek the advice and counsel of an experienced drunk driving OWI DUI attorney as soon as possible after arrest.

The architecture of Michigan drunk driving law includes an enhancement component that is also referred to as “stacking.” Essentially, this means that an earlier conviction of the same or similar offense can be “stacked” and used to enhance the subsequent offense. The theory in its simplest terms is that a Michigan OWI DUI repeat offender should face increased penalties for recidivist behavior.

Under Michigan law, there are currently three basic categories or classifications of drunk or drugged driving charges. By way of illustration, a Michigan OWI DUI First Offense is a misdemeanor with a maximum possible penalty of 93 days in jail. However, conviction of a Michigan OWI DUI Second Offense, while still a misdemeanor, may result in up to 1 year in jail.

Significantly, a Michigan DUI OWI Repeat Offender Third Offense is a felony that carries a maximum penalty of up to 5 years in prison. It is important to note that a third offense may be charged as a felony irrespective of how much time has elapsed since the earliest prior conviction.

It is also important to keep in mind that a second arrest for drunk driving may not be charged as a second offense unless less than 7 years have elapsed since the conviction date of the prior offense and the arrest date of the current offense. Lawyers call this the “2 within 7″ rule. If the arrest date of the current offense is more than 7 years after the conviction date of the prior, the charge is not enhanced and remains a 93 day misdemeanor.

One significant exception to the enhancement provisions relates to Michigan OWI Child Endangerment. A first offense child endangerment is a 1 year misdemeanor, unless the accused has a prior drunk or drugged driving conviction. In that case, the child endangerment charge would be prosecuted as a felony. One other exception involves Michigan Zero Tolerance for minors. Under Michigan law a second offense remains a 93 day misdemeanor.

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Being charged and convicted as a Michigan OWI DUI repeat offender can be a life changing event.  

If you find yourself faced with that reality, you would be well advised to seek the counsel of an experienced, qualified and time-tested Michigan OWI DUI defense lawyer who has a proven track record of winning difficult drunk and drugged driving cases.

I am proud of my reputation as one of the best OWI DUI attorneys in Michigan. For over 36 years I have successfully represented clients charged with serious alcohol and drug related driving offenses. My philosophy, that every case is defendable, has resulted in hundreds of successful outcomes for grateful and appreciative clients.  

Remember, your arrest doesn’t have to result in a conviction.

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Bloomfield Hills, MI 48304

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OWI DUI Repeat Offenders
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OWI DUI Repeat Offenders
A prior conviction may significantly impact how a new offense is charged for a OWI DUI Repeat Offender. Experienced drunk driving attorney Edward Duke explains what a repeat offender can expect.
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