In the state of Michigan, Operating While Intoxicated 2nd offense is a misdemeanor. In order to face an operating while intoxicated 2nd offense, a person must have a prior DUI or OWI conviction in the past 7 years.
You will definitely want to hire a lawyer if you are facing an operating while intoxicated 2nd offense. The penalties are much tougher for a second offense.
This a very serious charge and the punishments for a second offense are more severe. Criminal Defense Attorney Shawn Haff will work hard with you to get you the best results possible.
Right after you get arrested for drunk driving, you should be thinking about how you are going to defend yourself against the charge. What will your strategy be?
Criminal Penalties for Operating While Intoxicated 2nd Offense
If convicted of a second OWI offense, the penalty you will be facing is between 5 days and 1 year in jail. Your driving privileges will be revoked for one year. You will not be guaranteed to get your driver’s license back after this one-year revocation. You will be facing fines in the thousands of dollars. Your vehicle may be immobilized or taken from you. You will be hammered with six points on your driver’s license. Finally, you could be ordered to perform up to 90 days of community service.
When you hire me to represent you on your operating while intoxicated 2nd offense, I will immediately get to work obtaining and then reviewing all the evidence against you. This means getting a police report, getting video from the body-cam and getting video from the dash-cam. After I have done this, I will then let you know if your case can legitimately be challenged. Nearly all drunk driving cases can be challenged, but that doesn’t mean it can be successfully challenged. One bad example of challenging a stop is when lawyers hold a hearing where a lot of the dash-cam video is played in court that clearly displays to the judge a client that is visibly intoxicated.
If you have received a 2nd DUI, you are a proven risk to drive drunk. A mistake happens once, if the same event happens again, it is a problem that needs to be addressed right away. The court system in West Michigan has an alcohol bias that your lawyer needs to fight. I will provide you with the steps needed to help you reduce that bias.
People that want to make excuses for their drinking problem that help us put things in perspective. There isn’t one single judge in all West Michigan courts, who aren’t aware that a person who is back in court for a second offense operating while intoxicated, has a drinking problem that needs to be tackled. It’s those who simply don’t get it that help put things in perspective. A person who doesn’t get it, and who didn’t hire an attorney to help them get, will tell the judge that they were just unlucky. This creates for their attorneys an almost impossible task of getting a West Michigan judge to believe they don’t have a drinking problem.
I always tell my clients to start getting treatment right away when they are in front of me for a 2nd offense OWI. You are setting yourself up for potential longer jail time if you do not do this. You also are setting yourself up for repeated failure if you refuse to deal with your problem.
Who do you think will have it easier in court for sentencing? The person who admits to the court they have a problem and that they have started treatment for their problem? Or the person who shows up to court and says maybe I have a problem or worse yet, I don’t have a problem? Common sense tells us the first person will have an easier time in court!
If your lawyer isn’t setting you up with rehab facilities, counseling and AA meetings, you need to consider retaining another attorney. Before you hire an attorney to represent you on any drunk driving related charge, you should ask the attorney what kind of help he can set you up with regarding treatment. I’m not just here to make money, though I enjoy making money, but I also really enjoy helping people better their lives. I have seen how counseling has done that for previous clients of mine!
What to Expect After a Second OWI Arrest in Michigan
A second OWI arrest in Michigan can be overwhelming, especially if your first offense occurred years ago. Many people are surprised to learn that prosecutors and judges often treat a second offense much more seriously than a first, particularly when it comes to driver's license consequences, probation, alcohol treatment requirements, and potential jail time. After an arrest, you will typically receive a court date for your arraignment. During this hearing, the judge will advise you of the charges against you and determine bond conditions. Depending on the circumstances of your case, you may be ordered not to consume alcohol, submit to random testing, or comply with other conditions while your case is pending.
The next phase usually involves reviewing the evidence collected by law enforcement. This may include police reports, body camera footage, dash camera recordings, field sobriety test results, breath or blood test results, and witness statements. An experienced OWI defense attorney can carefully examine this evidence to determine whether your constitutional rights were protected and whether the prosecution can prove every element of the charge beyond a reasonable doubt.
Not every second OWI case is the same. Factors such as your blood alcohol content, whether an accident occurred, whether anyone was injured, and your prior criminal history can all influence how the case proceeds and what penalties may ultimately apply.
Can a Second OWI Charge Be Reduced or Dismissed?
Every case should be evaluated on its own facts. While no attorney can guarantee a particular outcome, there are situations where a second OWI charge may be reduced or challenged based on weaknesses in the prosecution's evidence.
Some issues that may affect the strength of the case include:
- Whether the initial traffic stop was lawful.
- Whether the officer had probable cause to make an arrest.
- Whether field sobriety tests were administered correctly.
- Whether breath or blood testing equipment was properly maintained and calibrated.
- Whether proper procedures were followed when collecting and preserving evidence.
- Whether medical conditions or medications affected the testing process.
A thorough review of every stage of the investigation can reveal issues that may not be immediately obvious. In some cases, identifying these problems can improve the defendant's negotiating position or provide grounds to challenge evidence in court.
How a Second OWI Can Affect Your Future
The consequences of a second OWI often extend beyond fines and court appearances. Many individuals experience significant personal and professional challenges after a conviction.
A second OWI may affect:
- Employment opportunities
- Professional licensing
- Commercial driver's licenses (CDLs)
- Auto insurance premiums
- Educational opportunities
- Travel to certain countries
- Family responsibilities involving transportation
Because these consequences can continue long after the criminal case has ended, it is important to understand all available legal options before making decisions about how to resolve the charges.
Frequently Asked Questions About Second OWI Charges in Michigan
Is a second OWI always a felony?
No. In Michigan, a second OWI within seven years is generally charged as a misdemeanor, although it carries significantly enhanced penalties compared to a first offense. Certain aggravating circumstances or additional criminal charges may change how a case is prosecuted.
Will I automatically go to jail?
Not necessarily. Jail is a possible penalty for a second OWI conviction, but the outcome depends on the facts of the case, your criminal history, the court where your case is pending, and other circumstances. Every case should be evaluated individually.
Can I still drive after a second OWI?
Michigan law imposes serious driver's license consequences following a second OWI conviction. In many cases, the Secretary of State will revoke driving privileges, and restoring a license often requires completing additional legal and administrative steps.
What if my first OWI happened several years ago?
Whether a prior conviction counts as a "second offense" depends on Michigan's statutory lookback periods and the specific facts of your record. An attorney can review your driving and criminal history to determine how prior convictions may affect your current case.
Should I hire an attorney immediately?
Early representation allows an attorney to begin preserving evidence, reviewing police reports, obtaining video footage, evaluating testing procedures, and advising you before important court hearings occur. Acting promptly can provide more opportunities to develop a strong defense strategy.
Why Experience Matters in Second OWI Cases
Second offense OWI cases often involve more complex legal issues than first offense cases. Prosecutors typically pursue enhanced penalties, and judges frequently impose stricter probation conditions. At the same time, these cases may involve technical questions regarding traffic stops, chemical testing, constitutional protections, and evidentiary procedures.
Working with an attorney who regularly handles Michigan OWI cases means your case can be thoroughly reviewed from the beginning. Every aspect of the arrest, investigation, and prosecution should be carefully examined to determine whether the evidence supports the charge and whether legal defenses may be available.
If you have been arrested for a second OWI in West Michigan, obtaining experienced legal advice as early as possible can help you understand your options and make informed decisions about your case.
"When I needed help, Shawn assured me I would be ok. He explained the criminal process to me and got me outstanding results. I will use him again if I ever need his outstanding legal services. Thanks so much!" Christy F.Client read more testimonials