Felony Drunk Driving Under Heidi’s Law in Michigan
Under current Michigan law, a third OWI or DUI in a lifetime (or any type of intoxicated driving conviction) is a felony punishable by up to 5 years in prison. A highly experienced defense lawyer can help you.
Felony OWI in Michigan
Under current Michigan law, an individual is considered “driving while intoxicated” when their blood alcohol content (BAC) is .08 or above, or driving under the influence of alcohol (visibly impaired driving) if their BAC is below .08. A first offense is a misdemeanor, punishable by to 93 days in jail. If an offender has a second alcohol-related driving offense within seven years of a prior such conviction, the person can be imprisoned for up to one year. Before January 3, 2007, if a person accumulated two or more alcohol-related offenses within ten years of one another, regardless of when during the ten-year period, the person would be charged with a felony. How can an experienced Michigan drunk driving attorney help? A top-notch lawyer might be able to get felony charges dismissed or reduced to a misdemeanor. Additionally, they can persuade the judge to reduce or eliminate jail time if there is a plea or conviction.
As of January 3, 2007, Michigan removed the ten-year limitation period for all alcohol-related driving offenses. A driver arrested for an alcohol-related driving offense with two prior OWI, DUI, or other alcohol or drug-related driving convictions, regardless of when they occurred, will face felony charges. The penalties for a felony conviction can be severe, and the statute requires mandatory unavoidable jail time. You will want to retain an experienced Michigan drunk driving attorney.
Defense to Felony OWI, DUI, and OWPD
Prosecutors relentlessly prosecute felony OWI cases, and judges routinely order long jail sentences, sometimes prison sentences. What is not widely known is that there are defenses to these charges in many cases. Although hundreds of lawyers routinely handle these highly complex cases, a precious few have the experience, knowledge, and skill to find and make the most of a potential defense. Potential defenses in these cases can be based on laws, the Constitution principles, and scientific and medical evidence. A winning defense does not have to result in a dismissal of all charges; it can be a win for the client to get charges reduced. The defense attorney will closely examine every bit of evidence to develop even minor potential defenses. Although a defense may not be likely to result in an outright dismissal, it may increase the defendant’s bargaining position to achieve an extraordinary plea bargain or sentence agreement. Suppose a lawyer either doesn’t take the time to go through the evidence meticulously and thoroughly or does not know how to do so. In that case, the defendant may end up unnecessarily convicted and incarcerated. Someone charged with a felony should never trust their fate to the lowest bidding lawyer. Remember that you generally get what you pay for when hiring a lawyer.
A Unique Team Approach to Defending Felony Intoxicated Driving Offenses
The LEWIS & DICKSTEIN law firm has a team of highly experienced and zealous defense lawyers and multiple paralegals with decades of experience defending alcohol and drug-related driving charges. In many cases, a person will hire a solo practice lawyer and then be shocked to find out that some unknown lawyer represents them in court because their attorney was scheduled to be in more than one court and cannot make it to the hearing. This can be disastrous because the substitute lawyer will likely not have extensive knowledge of the case or the potential defenses. An uninformed lawyer results in a weak bargaining position. Because they weren’t paid on the case, they will not be as invested in achieving an optimum resolution. A substitution lawyer never happens with LEWIS & DICKSTEIN, P.L.L.C., because we have a team of attorneys that collaborate on all of their cases and work with one another to achieve a synergy of maximum effectiveness. When one lawyer in the firm represents you, you are represented by all lawyers in the firm. It is better to have a team in your corner than one regular lawyer with no backup and someone without the ability to join forces with a team of experienced lawyers.
OWI/Michigan Drunk Driving Attorney
If you or a loved one is charged with an alcohol or drug-related driving felony or misdemeanor offense in Michigan, please do not hesitate to call LEWIS & DICKSTEIN, P.L.L.C. for an experienced OWI defense attorney who can protect and defend you.
Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.