Legal Question in DUI Law in Michigan

3 DUI in MI ALWAYS a felony?

My son received a DWI in 1998, one in 2006, and one in Dec 2007, all in Wayne Co, MI.

In court they dismissed one DWI to charge him with the 3rd one, a felony. If they dropped one, how do they get 3 for a felony charge?

There were no other circumstances with the DWIs, no other tickets, injuries, damage, accidents, etc.

Can this 3rd one be plea bargained to something lesser than a felony?

Thank-you.


Asked on 1/21/08, 12:03 pm

4 Answers from Attorneys
Thomas Loeb Law Offices of Thomas M. Loeb

Re: 3 DUI in MI ALWAYS a felony?

Under current Michigan law, if a person has 2 prior drinking and driving offenses and picks up a 3d, he can be charged with felony OUIL even if the priors are only for impaired driving.

Every case is fact driven, and I need more facts. But it is possible that the charges could be reduced. Please call me for more details or if you have any questions.

-Tom

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Answered on 1/21/08, 12:36 pm
Eric I. Kutinsky THE MICHIGAN LEGAL TEAM, P.C.

Re: 3 DUI in MI ALWAYS a felony?

If your son has two prior alcohol related driving offense, this third one can be charged as a felony. We can help! Please call to discuss further. Eric I. Kutinsky, Esq. Toll free 866 MICH-DUI

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Answered on 1/21/08, 12:47 pm
William Morrison Action Defense Center

Re: 3 DUI in MI ALWAYS a felony?

Yes, OWI 3d is always a felony and any other drunk driving charges he gets for the remainder of his life will be charged as felonies. His maximum sentence is 1-5 years. His next drunk driving will get him up to 7 1/2.

It is possible to get a reduction but, for my clients, it requires his absolute abstinence from alcohol throughout the time of my representation during the legal process and participation in rehabilitation such as Alcoholics Anonymous

I only take sober clients - no exceptions. One drink and he has to find another attorney.

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Answered on 1/21/08, 1:45 pm

3 DUI in MI ALWAYS a felony?

Attorney John M. English concentrates his practice on drunk driving defense. He's had terrific results with these felony charges. He can be reached at 1 8667665245.

For more information and a great overview, go to:

www.WinDrunkDriving.com

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Answered on 1/22/08, 12:29 am


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