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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 you can be charged with 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 longer sentence more likely, but do not otherwise “enhance” the underlying charge.

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 conviction 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.

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.