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Birmingham Felony DUI Penalties
There are different levels of felony. Obviously, the most common in Birmingham is going to be a third-offense which moves from the 48th District, if the case was bound over, to the circuit court in Oakland County. The minimal jail time for a third-offense is 30 days incarceration. Due to the severity of the offense, Birmingham felony DUI penalties can be severe. That is why it is important for you to reach out to a skilled felony DUI attorney if you face charges for a third-offense DUI. Let a qualified lawyer build your case.Penalties for Felony DUI Offenses
It is important for people to understand that if they get convicted of a felony drunk driving in the County of Oakland that they will not be able to go to work for 30 days or see their family for 30 days. That is just the minimum. Depending on aggravating factors in the case, which judge someone receives at the circuit court level, whether or not somebody was hurt or killed an individual may be looking at a much higher level of either jail time with Oakland County jail or even, potentially, prison time with the Michigan Department of Corrections.
The third-offense drunk driving carries with it, on a first third-offense, up to five years in prison, although it is rare to see someone go to prison for a third-offense drunk driving. But with fourth, fifth or sixth offenses, then prison goes from the realm of unlikely, to probable, to highly likely. Additionally, if someone is hurt seriously or if someone is killed then the family is going to bring a large amount of pressure upon the prosecutor and the judge to place the defendant in a prison scenario versus just in a jail scenario. When dealing with Birmingham felony DUI penalties, there is a potential for a long period of incarceration whether it is jail or prison.Alternative Sentencing and Rehabilitative Programs
One of the issues with Birmingham is that neither the 48th District, Birmingham Court, nor the Oakland County Circuit Court really participates effectively in a sobriety or drug court program. Due to that fact, individuals miss out on the benefits that come with those programs, such as the ability to receive a driver’s license earlier than would normally occur in a drunk driving third offense or other cases.
The courts as not as treatment-based in Birmingham as much as they are punishment-based, and so people need to be aware that at the circuit court level, it is more about jail than an extensive amount of treatment or even participation in something like a sobriety court. However, voluntarily submitting to those programs immediately, can often lead to better outcomes and mitigate the severity of the Birmingham felony DUI penalties that an individual may face.Value of a Birmingham DUI Felony Lawyer
The value of working with an experienced DUI attorney is that not only do they understand the law, they are familiar with the judges and prosecutors as well. Although the law is the same across the state of Michigan, every individual court, every individual prosecutor has different things that they are looking for; different proclivities, different issues that may be eccentric in some cases, but that are going to pay dividends or be potentially devastating for you. Your attorney could use their knowledge to build your case, attempt to mitigate the Birmingham felony DUI penalties that you may face and fight for you. Contact a DUI lawyer today and know that you are in capable hands.