DUI Third Offense-Felony
Under prior Michigan law, a repeat DUI offender could only be charged with a felony (third) if the offender had 2 prior DUI’s within a 10 year period. This all changed in 2007 with the passage of Heidi’s law. The 10 year lookback period is a thing of the past. Pursuant Heidi’s law, a person can now be charged with a felony for any 3 lifetime DUI offenses. For purpose of charging a felony DUI 3rd, out of state convictions are counted but only 1 prior offense for Zero Tolerance (u/age 21) may be counted.
DUI Alcohol Offenses and DUI Drug Offenses: The term DUI is used for purpose of convenience to refer to all offenses involving driving under the influence, intoxicated or impaired due to alcohol or drugs.
Every DUI in every court in the State of Michigan is tracked annually by the Michigan State Police. MSP Audits of DUI cases are made public and include detailed statistics of arrests, test results and convictions. Statistics for 2017 indicate that approximately 10,000 individuals were tested for alcohol and/or drugs in connection with various DUI, alcohol and drug crimes in Macomb County, Oakland County, Wayne County and St. Clair County.
Do not hesitate to contact ABDO LAW DUI attorneys in Macomb County for a defense strategy to get you to a better place if you are charged with a DUI. Our DUI practice encompasses every Metro Detroit court in the counties of Macomb, Oakland, Wayne and St. Clair.
Macomb, Oakland, Wayne, & St. Clair
CALL: Metro Detroit: 586-412-5555 or Toll Free: 844-Got-Abdo
A DUI 3rd offense is a felony that can carry up to five (5) years in prison. The statute requires imposition of jail at the time of sentencing.
|Max Prison||1 to 5 years in prison or county jail alternative,|
|County Jail||30 days to 1 year in jail w/probation|
|Max Fine||$500 to $5000, plus costs|
|Comm Service||60 to 180 days|
|Immobilization||1 to 3 years unless forfeited|
Contact ABDO LAW for to discuss your options if you are charged with DUI 3rd. Let us explain how we can formulate a roadmap for success to fight your case in the court system.
ABDO LAW relevant DUI links for your convenience:
- DUI-OWI Penalties
- DUI Drugs, Prescriptions, Marijuana
- DUI Proving Intoxication or Impairment
- When Can the Police Stop a Vehicle?
There are other ramifications associated with a felony conviction including loss of driver’s license and gun rights.
Gun Rights: Pursuant to Michigan and Federal laws, a person that is convicted of any felony cannot own or possess firearms. Those within the same household as the defendant would need to move firearms to prevent the defendant from possessing them.
Driver’s License Revocation: The driving privileges of a person convicted of DUI 3rd will be indefinitely revoked for a minimum period of 1 year. A second revocation will be for a period of 5 years. During a period of revocation, no driving is allowed, not even on a restricted basis. Future driving will require a driver’s license restoration hearing before the Driver Appeal and Assessment Division of the Secretary of State.Defending a DUI Third Offense – Felony: List of Important Factors
There are several variables in place that go into the result of any criminal matter. The following is a list of significant considerations in the resolution of a DUI 3rd offense:
- Local public policy by the prosecuting attorney.
- Sentencing practices of the judge assigned to the case.
- Criminal history of the accused, especially any prior felony record.
- Whether the prior DUI’s are recent or several years old.
- Whether there was an accident involving injuries.
- Whether the offender has taken any proactive measures (AA, counseling).
- Whether there are any defenses to the case (problems with traffic stop, issues with testing procedures, etc.).
- Whether any of the prior offenses can be set aside on legal grounds.
- Out of state convictions must be based upon DUI laws similar to Michigan.
The most important factor in any criminal case is whether the prosecutor can prove the case beyond a reasonable doubt! Protecting the rights of our clients charged with a DUI or any other criminal matter is our highest priority.
The decision whether to proceed to trial or seek resolution of a criminal case rests solely with our clients. Getting a felony reduced to a misdemeanor is something that we have accomplished for numerous clients charged with DUI 3rd. A DUI 3rd (felony) that is reduced to a DUI 2nd (misdemeanor) does not carry any mandatory jail time and does not carry the stigma of a felony. If the felony sticks, we have been able to obtain judicial sentence agreements for the minimum sentence of 30 days in the county jail with probation and community service. A person that serves county jail time is entitled to 5 days off for each month good behavior (known as “Good Time”).Old Offenses Never Discovered
The Michigan Law Enforcement Information Network (LIEN) of the Michigan State Police (MSP) records information that is provided by the courts with respect to all criminal matters with the exclusion of minor ordinance violations. All traffic matters, including criminal traffic and DUI cases, are abstracted by both the MSP and the Michigan Secretary of State (SOS).
In our DUI defense practice, we occasionally represent someone with 2 or more prior DUI’s that are not discovered during the court process of a new DUI Third. There are a number of possible reasons for this to occur including: failure by the court to abstract record, record abstracted with inaccurate information (wrong name/birthdate) or record lost or destroyed. When this happens, the DUI offender may avoid enhancement of the charge to a more serious DUI 2nd or DUI 3rd. However, the prosecutor may seek enhancement of the charges (to a DUI 2nd or DUI 3rd) if the prior convictions are discovered at any time until the case is concluded in the court system.
ABDO LAW has the highest national ratings for legal ability by AVVO (Superb) and Martindale Hubbell (Preeminent). We do not rest on our achievements and ratings and will give you first class legal representation to get you to a better place.
EMAIL or CALL Abdo Law for a FREE CONSULTATION. Phone messages after business hours are forwarded to our attorneys. We offer same day, evening, weekend appointments and the ability to retain us over the internet. Payment plans and all credit cards accepted.
CALL: Metro Detroit: 586-412-5555 or Toll Free: 844-Got-Abdo