Attorney DeBruin represents clients from across lower Michigan.

Attorney DeBruin represents clients from across lower michigan.

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Will I Go to Jail for a Second OWI/DUI in Michigan?

On Behalf of | Apr 18, 2018 | Firm News, Legal Blog, OWI

If you have been charged with a second OWI/DUI, chances are you’re concerned about what exactly is going to happen to you. A first offense is a misdemeanor with a fairly mild punishment. But incurring a second offense, in a judge’s eyes, may look as if you have trouble obeying the law. Consequently, you will likely receive a harsher sentence, and you may be looking at potential jail time.

When facing a host of potential OWI charges, it may be a good idea to call a DUI lawyer to talk over your options. Contact a Lansing DUI Lawyer at DeBruin Law, PLLC today at  517-324-4303 to schedule a free initial consultation.

What Happens When You Receive a Second OWI?

A second offense is labeled as such if it occurs within seven years of your first OWI conviction. If convicted of a second OWI, you could face:

  • A fine of $200 up to $1,000
  • A jail sentence ranging from five days up to a year
  • A community service sentence of 30-90 days
  • All three, depending on what the judge decides

You will lose your driver’s license for a minimum of one year. If your license has already been revoked once in the past seven years, then you’ll lose it for a minimum of five years. The court will also seize your license plate and may decide to impound your car. On top of court costs, you’ll likely be charged a Driver Responsibility fee of $1,000, and you may be ordered to go through alcohol counseling at your expense.

Is a Second Offense a Misdemeanor or Felony?

It could be either, depending on the circumstances. Generally, a second offense is a misdemeanor and a third offense is a felony. But, there are certain factors that can cause your second offense charge to be upgraded to a felony as well. These include:

  • You injure or kill someone while driving under the influence.
  • You are caught driving under the influence with a minor (a child under the age of 16) in your car.
  • You have two prior OWIs, regardless of the time period that has passed between any of these convictions.

A felony charge carries a fine of $500 up to $5,000, and a prison term in the department of corrections for at least a year and up to five years. Fines and prison sentences increase if you cause the death of another person or the death of a first responder, such as an EMT or police officer.

When you’re facing a felony charge, it’s a lot tougher to get out of a prison sentence. While it may be possible to avoid jail time under a misdemeanor, it will likely be part of a second offense felony conviction.

Contact DeBruin Law, PLLC Today

When dealing with a second OWI/DUI, you should turn to a skilled Lansing DUI lawyer to help you navigate your case.

At DeBruin Law, PLLC, we have the experience you desire to handle your matter. Our firm can immediately begin crafting your defense to help you seek the best outcome possible. Contact us right away at 517-324-4303 to schedule a no-cost initial consultation.