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Troy Second-Offense DUI Lawyer
Similar to first-offense driving under the influence (DUI), second-offense drunk driving in the state of Michigan is a misdemeanor case that will be heard a judge in the 52nd fourth division district court in Troy. There is often a probation period that comes with conviction. The prosecution and judges in Oakland County take these charges very seriously and severe penalties may result from a conviction. If you are facing a subsequent operating while intoxicated (OWI) charge, you may need the help of a Troy second-offense DUI lawyer.
In order to have a second-offense drunk driving charge, your prior offense must have occurred within seven years. If a driver is arrested within seven years of their previous conviction date, they will be subject to the enhanced second-offense penalties. However, if their subsequent arrest is more than seven years from the date of their previous conviction, even if it would technically be their second offense, they can only be charged as a first offense. In that circumstance, the case may be handled by the city attorney who might be more inclined to reduce the charge or negotiate. However, the Judge may still take the older prior offense into consideration at the time of sentencing, and this may result in harsher penalties. A DUI attorney may be able to help fight for a better outcome.Second Violation OWI Penalties in Troy
In the city of Troy, second-offense drunk driving penalties are taken from state legislation and motor vehicle code. There is jail time from five days to 365 days or a minimum of 240 hours of community service, as well as a fine of up to $1,000. The driver may also be sentenced to up to two years of probation, continual random testing to ensure that they are not using alcohol or drugs, as well as counseling and education programs. Drivers will also face license revocation for a minimum of one year.License Suspension and Revocation After an OWI
In the state of Michigan, unless a driver receives a conviction for a second offense OWI, their ability to drive will not be compromised. For a driver’s first, second, or third offense, they may drive until they receive a conviction, at which point the penalties will depend on the specific convictions and when the conviction was issued.
Second OWI charges are like first offenses as the Michigan Secretary of State will be notified of the charges against the person’s driver’s license, and the secretary of state will simply follow the law based on the charges and the applicable look-back period. If there are further issues with the individual’s license, a revocation period could last longer than the initial one year.
If a driver had a previous conviction within seven years of their arrest for OWI, the penalty will be a revocation of their driver’s license for at least one year. If a driver is close to the seven-year deadline, they should seek a second-offense DUI attorney in Troy who could delay their case and possibly avoid harsher driving sanctions upon conviction.Outcomes a Subsequent-Charge OWI Attorney Could Fight for
Prosecutors in Troy cannot offer or accept any diversionary programs for a second offense OWI. Second offense OWI charges in Troy are not often reduced, making it of vital importance that the accused driver has an attorney from the outset who is aware of the consequences and will aggressively advocate for them through trial.
Once an acquittal is issued or a DUI case is dismissed, the court will send a notice to the secretary of state, and after the acquittal is filed, the driver is free to have their full and valid license reinstated. If you are facing your second OWI charge in seven years, contact an experienced Troy second-offense DUI lawyer today. An attorney could act as a dedicated advocate and help you navigate the criminal justice process.