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.
4 Answers from Attorneys
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
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
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.
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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