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Any time a client is facing a second offense DUI, there are serious consequences especially if the prior conviction occurred within the last 7 years. Even a prior that happened outside of the 7 years may have an affect on the trial judge and your sentencing hearing. You need to remember that the 7 years is calculated from your conviction date up until the date of your arrest.
One of the most important thing to consider when facing a Michigan OWI second offense is that there is a real likelihood of jail time as well as a severe penalty imposed upon your Michigan drivers license. Therefore, it is imperative to start the alcohol screening process right away, follow any recommendations for counseling and consider a 12 step program like AA with sign-in sheets and getting a sponsor.
Michigan OWI Second Offense Penalties
If you are convicted of Michigan OWI Second Offense:
- Imprisonment for 5 days–1 year, with not less than 48 hours served consecutively
- a fine of $200–$1,000, and/or community service for 30–90 days;
- permissive vehicle forfeiture; mandatory vehicle immobilization for 90–180 days if no forfeiture. MCL 257.625(9)(b), .904d(1)(c). If a defendant is imprisoned for the violation for which immobilization is ordered, the period of immobilization begins at the end of the period of imprisonment. MCL 257.904d(6).
- Driver’s license revocation and denial for a minimum of 1 year (minimum of 5 years if there was a prior revocation within 7 years).
- License plate confiscation.
- 6 points added to the offender’s driving record.
- Driver Responsibility Fee of $1,000 for 2 consecutive years.
Michigan OWI Second Offense Drivers License Sanctions
The sanctions for a second offense drunk driving conviction within 7 years are very harsh in Michigan. The Secretary of State will revoke your license, upon conviction, for a minimum of 5 years. You can check the percentages of people who are successful in petitioning to have their license returned on the SOS website. The odds are certainly not in your favor and in the eyes of the State of Michigan you are an alcoholic and must prove by clear and convincing evidence that you are in full remission. We have found this very hard to do without a rigorous Alcoholics Anonymous program with a sponsor and working the 12 steps combined with any and all counseling to look at the reasons behind the problem drinking.