Defense for Subsequent OWI or Super Drunk Driving
There are opportunities to keep a first-time OWI off one's record, but there is less leeway for a second or third offense of driving drunk. The Michigan Legislature has also created a new "super drunk driving" offense with enhanced penalties for drivers whose blood-alcohol is over twice the legal limit.
If you are accused of a repeat OWI or enhanced OWI, you need to speak immediately with a lawyer who understands drunk driving defense. I am David G. Moore, a former prosecutor and a criminal defense lawyer in Kalamazoo and Southwest Michigan with extensive experience in these cases. I provide the skilled and aggressive representation to fight OWI charges or avoid the worst penalties if you have prior convictions. Contact me today for a free consultation.
Kalamazoo Attorney for Repeat OWI Offenses
Michigan has a seven-year lookback for drunk driving offenses. Any conviction in the past seven years for OWI (operating while intoxicated), OWVI (operating while visibly impaired) or OUID (operating under the influence of drugs) counts as a prior offense, even if you were underage at the time.
- A second OWI can be punished by jail time, fines, community service and license revocation of at least one year, not including any enhancing factors (see below).
- A third OWI during one's lifetime carries increased penalties, including mandatory jail time. If all three offenses occurred within 10 years, the person is charged with felony OWI and subject to the harshest punishment, including state prison of one to five years.
- Repeat offenses require that your vehicle be immobilized and possibly forfeited.
Super Drunk Driving and Enhanced OWI Offenses
In 2010, the state of Michigan added the offense of "super drunk driving," defined as operating with a blood-alcohol content of .17 or greater. Jail times and license suspension can be doubled for a first offense of super drunk driving. However, the law is targeted toward identifying people with alcohol abuse problems in order to get them help.
I always explore your legitimate defenses to the charges, including the legality of the traffic stop and the arrest. If the prosecution has a solid case, you may be eligible for Sobriety Court, which reduces the charges and the penalties in exchange for enrolling in and completing chemical dependency treatment.
I have represented people who face greater sanctions for other OWI enhancing factors, such as:
- Causing a crash while drunk
- Driving drunk with a person under 16 on board
- Racing or other reckless behavior
Call my law office immediately at 269-216-4573 or toll free at 888-527-6768, or contact me online to set up a free, no-obligation consultation. I take cases in Kalamazoo, Portage, Battle Creek, Grand Rapids and surrounding counties of southwestern Michigan.
