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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.

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.