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DUI Third Offense – Felony Intoxicated Driving
Michigan now has lifetime look-back for felony DUI. This means if you have two or more prior offenses, regardless of how old, a new charge will result in a felony drunk driving. If you have more than two prior DUI offenses you will still be charged with DUI third because there is no such thing as DUI forth, etc. Once you accumulate two prior offenses, the third one can be "enhanced" to a felony charge. Additional DUI convictions will be considered at sentencing, and make a longer sentence more likely, but do not otherwise "enhance" the underlying charge. This is because the additional prior DUI convictions will result in your being assigned points that put you into a higher sentencing guideline range. For more information on how this works, sentencing guidelines are discussed elsewhere on this website.
If you have been charged with a third intoxicated-driving offense in Michigan, then it is critical for you to speak with an experienced DUI/OWI defense attorney immediately. If you are convicted of felony intoxicated driving, then you will be sentenced to at least 30 days in jail and will lose your voting and gun rights. You may also lose your job and have difficulty finding a new one. More than ever, facing a felony drunk driving makes the choice of lawyer a critical one.Michigan DUI Third Offense Penalties
Felony intoxicate driving in Michigan is punishable as follows: (1) a fine of $500 to $5,000 and either one to five years of imprisonment, or 30 days to one year in jail followed by probation; (2) between 60- and 180-days community service. Your car is also subject to forfeiture. There is an absolute minimum period of 30 days in jail.Impact on Driving Privileges
On top of the jail, probation, and vehicle forfeiture, you will also lose your driving privileges for an extended period. Depending on the circumstances, as your license may be revoked for one year to as many as five years. It is also possible that your license will only be restricted for 90 days. This determination of a 90-day restricted vs. a five-year revocation all depends on the dates of your prior convictions and this should be discussed with your Michigan DUI attorney.
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 DUI Offense
A collateral consequence is one that is not imposed by the court or the Secretary of State but instead arises simply because you have a felony conviction. This means that in addition to the above penalties, you could face serious collateral consequences. As a convicted felon, you may be prohibited from holding certain kinds of jobs and your second amendment and voting rights will also be impacted. There are many dozens of possible collateral consequences that might arise from a felony conviction and it is important for you to understand these possible consequences before you decide to plead guilty or stand trial.