helps people win back their lives
Troy Consequences of a Third Offense DUI
If you are facing the consequences of a third offense DUI in Troy, you need to consider all your legal options. With the help of experienced counsel, you could have someone on your side who can protect your rights during this trying time. By fully understanding the consequences of a third offense DUI in Troy, you could better be able to fight the charges.Where are Third Offense DUI Charges Heard in Troy?
Third offense DUI or OWI charges in Troy are heard in both the Oakland County Circuit Court and the 52/4 District Court. In the State of Michigan, a third offense drunk driving is a felony charge. That means that it is charged and prosecuted by the Oakland County prosecutor. Because it is a felony, it has an extra level of due process available to the defendant called a “preliminary exam.” The preliminary exam is held at the 52-4th division in Troy at the District Court. Initially, the case starts there until a preliminary examination is either held or waived. A preliminary examination is a probable cause hearing to determine two things:
- That by a probable cause standard, a crime was committed.
- By a probable cause standard, the alleged offender was the one who committed it.
In the case of drunk driving, the prosecutor would call as a witness the police officer(s) involved in the arrest and where there is a blood test, possibly anybody from the lab who would testify about analyzing the blood sample. This witness would help the court to determine whether proper testing procedures were followed. If the case is not supported by sufficient probable cause, then it would be dismissed. Otherwise, the judge will “bind” the case over to the circuit court. The circuit court is located in Pontiac on Telegraph. The reason that it is heard in the circuit court is that district court cases only involve misdemeanors and district court judges can only determine probable cause on felony cases. Any sentencing must be before a judge at the circuit court level. The circuit court would be where the cases are eventually resolved, based on one of the judges assigned to it.How the Prosecution Addresses These Crimes
In some ways, DUI/OWI charges are prosecuted more vigorously than first or second offense charges. The first thing to be aware of is if somebody has a past negative history with alcohol. Because of that, the courts, starting with the magistrate all the way through the district court judge and the circuit court judge, are going to be very aware of making sure that somebody is not consuming alcohol or drugs while out on bond. That is very important because the last thing that they want to have is somebody experience further problems while on bond. They want to make sure that there are no continued violations of the law and particularly, that you are not continuing to drive while impaired. The best way to do that is to make sure that you are not drinking.
In addition, depending on how things play out, the court could require you to post a large sum of money before it allows you to be released on bond. This is very important to understand. Because your case is a felony, you are going to have a much more difficult time getting out on bond, might have more stringent bond conditions, and have difficulty leaving the state, even if it is required for your job or some other reason. Because it is a felony, judges take it much more seriously.
In addition, the prosecuting attorney’s office is going to be very difficult for your lawyer to deal with because it is the Oakland County Prosecutor aggressively prosecutes drunk driving cases. The prosecuting attorney assigned to your case is going to start out with a no plea bargain policy, and often, no deals are made to alleged offenders. That is not to say that many great deals have not been obtained on felony DUI cases by the lawyers at the Barone Defense Firm. However, it is only with great difficulty that such results are obtained without a trial. This is why it’s important for you to hire a lawyer with a much successful experience dealing with the Oakland County Prosecuting Attorney’s Office. Even then, anytime you face a felony drunk driving, you ought to be prepared to fight the entire case all the way through trial.Penalties for a Third-Offense DUI/OWI
The penalties for a felony third offense DUI are one to five years in prison. As with any felony, this means that there is a possibility of over one year in jail, and when that happens, the offender goes to prison. The standard way to describe the felony penalty on a third offense drunk driving is one to five years in prison, meaning that they could serve between one and five years in the State Prison. However, there is also an alternative clause that says they could serve 30 to 365 days in the county jail with at least 480 hours of community service. That means that the minimum requirement on a third offense drunk driving is 30 days in jail before any probation can be considered. There are certain programs in Oakland County, such as sheriffs tether, also called virtual work release, which is like a house arrest. Those do not count as the 30 days in jail. These options are only available on a felony charge after a minimum of 30 days in jail.
In addition, there is a 480-hour requirement minimum for community service, which is a dramatic amount of community service. There is also the possibility of a revocation of your driving license for up to five years. A revocation does not mean that you will get it back after one or five years, but that you would be ineligible to receive a license for a minimum of one or five years. At that point, you still must have a successful hearing before the Secretary of State. This hearing is called a driver’s license restoration hearing. There is also a possibility of having the vehicle you were driving will be forfeited, meaning that seized and sold by the police, or you may be required to place a boot or club on your car and immobilize your vehicle for a period of one year.
Additionally, there is a possibility that you will be unable to own any other vehicle or plate for any other vehicle for a minimum period of one year. And, having a felony on your record can impede voting and firearms rights. It is very important that whenever facing a felony charge, that it be to understand that the penalties are severe and that quality representation by a qualified lawyer is essential, especially in Oakland County.Mitigate the Consequences of a Third-Offense DUI/OWI in Troy Today
While courts can consider giving a break for a one-time mistake, judicial leniency and understanding can only go so far when the charge is felony drunk driving. If you have been arrested and are facing the consequences of a third-offense DUI in Troy, legal representation a must. To understand how an attorney could help preserve your rights, reach out today for an initial consultation.