I recieved a impaired driving in 2000, I recieved another in 2001 but the court settled the second with another first offense impaired driving. Well just about 3 months ago I was pulled over and the police officer charged me on the ticket for a 3rd ouil felony. Does it matter that I was never charged or at least convicted for a second impaired or ouil? How does this work I wasn't sure about if I could fight that the police officer charged me with a wrongful charge? This happened in Michigan
2 Answers from Attorneys
In Michigan and pursuant to what is known as "Heidi's law," two prior drunk driving convictions (OWI or OWVI) within your lifetime results in a felony DUI charge in MI (yes, even if your second offense was reduced to a first impaired (OWVI)-- it is still considered as a drunk driving offense). If you haven't been yet arraigned on the new felony DUI charge, there are ways to avoid the felony dui/owi. Sometimes the police can make a mistake by filing it as a misdemeanor ticket; It is rather complicated to explain the procedural mechanisms on this forum, however, you are encouraged to hire a good MI DUI Defense Attorney quickly for advice.
For more information, you can visit us at www.hajjilaw.com or www.attorneyofmichigan.com for a FREE consultation and a FREE DUI case evaluation analysis.
Oakland County Office: 888.432.6425.
Attorney Daniel Hajji.
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You got this charge 3 months ago and you're just now starting to think about it?
You are a 3X loser and you better get some help with your drinking problem before you go to court so that you can at least show the judge you're aware of your problem and are doing something about it
You're looking at mandatory jail time and consequent permanent unemployment. Have someone drive you to court on your sentencing date so that your car won't won't be impounded. Wear loafers and belt-less pants. Get used to walking or taking the bus. You won't be permitted to drive for at least 5 years.
A lawyer can help, but we are not magicians.