Second Offense DUI

BEING CHARGED WITH SECOND OFFENSE DUI CAN FEEL DISPARAGING

Most people who have been convicted of drunk driving (OWI / DUI) honestly believe that that they will not face a second offense DUI. The costs, both financial and personal, are so overwhelming that the idea of being arrested, charged and prosecuted for a second offense DUI is simply unthinkable.

But in life, the unthinkable sometimes happens.

If the unimaginable happens and you are arrested and charged with a second offense DUI / OWI, it is imperative that you seek the counsel of an experienced DUI defense attorney.  An experienced lawyer can work with you to develop a plan to save your license, your livelihood and your liberty.

SECOND OFFENSE DUI DRUNK DRIVING PENALTIES

A Michigan second offense DUI / OWI is a misdemeanor punishable by up to one year in the county jail with five days of mandatory confinement where the offense occurs within 7 years of a previous drunk driving conviction.

In addition to any term of incarceration, the court may impose significant fines and costs, licensing sanctions, extensive community service, alcohol education classes, random drug and alcohol testing as well as other conditions of probation such as travel restrictions. Judges routinely preclude repeat offenders from leaving the state, even for reasons of employment, without advance permission from the court.

SECOND OFFENSE DUI LICENSING SANCTIONS 

The most onerous aspect a Michigan second offense DUI is the licensing sanction imposed by the Michigan Secretary of State upon conviction.

Following a guilty plea or verdict for a second offense DUI, the court will abstract that information to the secretary of state who will issue a  one-year “revocation/denial”.

During the revocation period no driving is permitted–none at all. And to make matters worse, there is no guarantee that you will get your license back after a year.

To get your license reinstated you have to petition the Administrative Hearings Section of the Secretary of State to request a hearing where you have to prove that your circumstances warrant relief.

To accomplish that you will need to submit a substance abuse evaluation, a 10-panel drug screen, letters from acquaintances documenting your sobriety and any other evidence that would prove that your substance abuse problem is under control and the restoration of your driving privileges would not pose a threat to the driving public.

Even if you prevail at the hearing, the law requires that a Breath Alcohol Ignition Interlock Device (BAIID) be installed on any vehicle you drive for a period of one year as a condition of limited restoration of driving privileges.

But if you lose at the reinstatement hearing,  you will have to wait an entire year before you can reapply.

The hard truth of the matter is that once your license is revoked, there is no guarantee you will ever get it back. So, in theory, a conviction for second offense DUI can lead to a permanent loss of driving privileges.

HIRE AN EXPERIENCED LAWYER TO DEFEND
YOUR SECOND OFFENSE DUI CHARGE

If the unthinkable has happened to you, there is no need to face a Michigan second offense DUI charge alone. I would welcome the opportunity to discuss the specific facts of your case and how I can help you. With over 36 years of experience protecting the rights of clients charged with serious alcohol and drug related offenses, I can guide you through the complexities of the process. My philosophy and approach to helping clients in need is every case is defendable.

Click Here to Contact Edward Earl Duke

Contact Us

180 High Oak, Suite 205

Bloomfield Hills, MI 48304

(248) 409-0484

Summary
Second Offense DUI Michigan
Article Name
Second Offense DUI Michigan
Description
Experienced drunk driving attorney Edward Duke explains the penalties of a Second Offense DUI in Michigan.
Author
Duke Law Group