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DUI Third Offense

In Michigan, the drunk-driving law makes it unlawful for those over the age of 21 to operate a motor vehicle with a blood alcohol concentration (BAC) of .08 percent or above. For commercial drivers and minors these limits are even lower. If you are found with a BAC over the legal limit, you will be charged with OWI.

Michigan also has an Operating While Visibly Impaired (OWVI) law. You may be charged with this crime if your ability to drive was visibly impaired by the alcohol and/or drugs in your system.

If you have been charged with a third drunk-driving offense in Michigan, it is critical you speak with an experienced DUI/OWI defense attorney immediately. A third offense is classified as a felony, which is far more serious than a misdemeanor.

OWI Third Offense Penalties

In Michigan, if you have two prior drunk driving convictions within the last 10 years on your record, the third offense will be considered a felony. The criminal penalties for a third conviction can include:

  • one to five years in prison
  • fines ranging from $500 to $5,000
  • 60 to 80 days of community service

There is an absolute minimum period of 30 days in jail. The state can also take your car away from you as part of a forfeiture proceeding, and the judge may also require you to complete alcohol education classes.

Impact on Driving Privileges

You could also lose your driving privileges for an extended period of time, as your license may be revoked for at least one to five years. And, if your administrative license restoration hearing with the Secretary of State's Driver Assessment and Appeal Division (DAAD) is unsuccessful, you might not be able to drive for the rest of your life.

In addition, your license plate will be confiscated and your vehicle can be immobilized for one to three years. You will be unable to register a motor vehicle and will be ordered to pay a $1,000 driver responsibility fee for two years.

Collateral Consequences of Third OWI Offense

In addition to the above penalties, you could face serious collateral consequences. As a convicted felon, you may be prohibited from holding a job in government or education, and your rights to own a gun and vote will be taken away from you. Some landlords are also less likely to rent to those with felony convictions on their records.

Client Reviews
★★★★★
Patrick Barone is the ONLY choice for DUI defense. He was realistic from the start and made it a point to look at my case before taking my money. As a business owner, when I think of attorneys, I think of the "shark infested waters. Patrick is a shark alright, but his prey is not the client; it's justice for his client. Ten stars Patrick!! Chris F.
★★★★★
Attorney Patrick Barone was very helpful and helped me understand the charge and sentence absolutely clearly. He also guided me through step by step helping me form a statement. His instructions were clear and detailed. It was obvious he cared about me understanding every important detail within my case. I would absolutely recommend this defense firm to anyone in need. Aaron B.
★★★★★
The Barone Defense Firm is the firm I recommend. They are truly concerned about the person, not just the legal issue, but the person as well. They are the most knowledgeable defense firm that I am aware of, having actually written the book on DWI Defense. If you are faced with a DWI you will not find a more professional and skilled law firm. But, most importantly, they care about how the accused individual recovers his or her life when the case is complete. Very remarkable group of lawyers. William H.