helps people win back their lives
Novi Second Offense DUI Lawyer
After a first operating while intoxicated (OWI) or driving under the influence (DUI) conviction, you are at risk of enhanced penalties if it ever happens again. That may mean that you need to develop an aggressive defense to effectively fight any subsequent charges.
When facing a second OWI offense in Michigan, it can be essential to consult with a knowledgeable DUI attorney who is familiar with the criminal justice process and how subsequent offenses increase the stakes. A Novi second offense DUI lawyer could help you understand the charges you are facing and work on your behalf to defend your best interests.Consequences of a Second Offense DUI
Once a court has convicted a driver of operating a vehicle while intoxicated, the court may increase the penalties against the driver. Michigan Compiled Laws §257.625 establishes this and other regulations related to impaired operation of a motor vehicle.
A police officer can charge a person if they appear intoxicated by drugs or alcohol, have a blood alcohol content (BAC) of at least 0.08. However, as an experienced Novi attorney could explain, the increased penalties for a second DUI offense vary depending on the type of conduct alleged.Operating a Vehicle While Intoxicated
If a court finds a driver guilty of operating a vehicle in an intoxicated state, the court may sentence that driver to one year in jail, with a minimum penalty of five days’ imprisonment. The court may issue a fine of up to $1,000 and 90 days of community service. The court may also order the installation of an ignition interlock device during a probationary period. If your prior DUI case was less than 7 years ago, then you will also be facing a minimum one-year revocation of your driver license. This means no driving of any kind and no work permit. After the one-year revocation period has elapsed, you have a right to request a hearing for restoration of your driving privileges. If you lose this hearing, you must wait another year, without a license, before requesting another hearing.Visibly Impaired Driving and Unlawful Blood Alcohol Content
If a police officer charges a driver with either of these offenses, the penalties are similar to those listed above. A Novi lawyer might be helpful in understanding the full extent of possible consequences, and based on the various look-back periods, help you determine exactly what penalties you face. As stated above, a prior DUI within the prior seven years means the Secretary of State will revoke your license for a minimum of one year.Penalties for Refusing to Take a Breathalyzer Test a Second Time
If a driver has already refused to blow for a DUI test, there may be increased punishments following the second time a driver refuses a chemical test within seven years. The Secretary of State will automatically suspend the driver’s license for two years, as described in Mich. Comp. Laws §257.625f. A second offense DUI lawyer in Novi may be able to argue on your behalf to minimize the impact of such an driver license sanction on their future.How a Novi Second Offense DUI Attorney Could Help
Whether you are angry, embarrassed, or have any other reaction to a second DUI charge, it is usually essential that you take swift action to ensure the protection of your freedom. Even if you do not serve jail time, the government may suspend your license upon conviction, and your insurance premiums may significantly increase.
A Novi second offense DUI lawyer may be able to guide you through the process and help you determine the safest course of action. Consider calling an attorney to see what rights you have and what defenses may be available to you.