Legal Question in Criminal Law in Michigan

Drunk Driving - OWI

My wife has received her 2nd drunk driving/OWI offense in Michigan. Her last one was about 6 years ago. How does this effect her driver's license? She has to drive a far distance to work every day and she needs to keep her license for work at least.


Asked on 3/16/08, 2:27 am

4 Answers from Attorneys

Thomas Loeb Law Offices of Thomas M. Loeb

Re: Drunk Driving - OWI

The timing of her last drinking and driving offense is very important. If she received it within the last 7 years of the new offense, she may have her license revoked. That would not allow her to drive at all. She needs to aggressively fight the new charge.

Is her new case in Roseville? Where it will be fought makes a difference.

If you would like more information, call me.

-Tom

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Answered on 3/16/08, 8:04 am
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Drunk Driving - OWI

If her prior conviction was less that 7 years befopre the new OWI arrest (not the offense date of the prior case ... the more recent conviction date of the prior case), then this new OWI will result in a 1-year revocation of her driving privileges with NO restricted driving privileges. "Hardship" or "need" (as in "I need to drive a far distance to work every day and if I can't I'll lose my job and my family will suffer") will not work.

So, if she's convicted, she's going to have to find a ride to work (friend, family, co-worker, public transporation), move closer to her job site, or find a job closer to home. This is a situation that SHE created.

A final thing she'll have to keep in mind: if she is convicted on this new OWI, then she'll have set herself up for the rest of her life being charged with a felony for an OWI 3rd offense if she ever does this again. Within the last year, Michigan adopted a version of Heidi's law that removed the limitation for considering prior OWIs that were more than 10 years ald. Now, if there are 2 or more prior OWIs or Impaired Drivings on a person's record, no matter how old, they can be charged with OWI 3rd (a felony, which also inclused a 5-year license revocation). So, the new case had better be her last case.

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Answered on 3/16/08, 10:16 am

Re: Drunk Driving - OWI

There are HUGE consequences to being convicted of this offense including a one year "hard" suspension of her driving privileges. Our defense team has a good track record of winning these cases statewide. I recommend that you contact us at 1 8667665245.

For more information, go to:

www.WinDrunkDriving.com

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Answered on 3/16/08, 11:21 am
William Morrison Action Defense Center

Re: Drunk Driving - OWI

She's looking at jail time, the length of which is discretionary with the judge, vs. a one year license revocation (no license) which is mandatory with the Secretay of State.

The time measured is from the date of her last conviction to the date of her arrest this year. If it's less than 7 years, her license will be lost unless her defense can avoid a conviction.

To further advise you, it would be helpful to know the exact dates, the results of the various tests she was given, and the circumstances of her arrest.

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Answered on 3/16/08, 12:55 pm


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