Felony Drunk Driving - 3 Strikes You're Out!

In 2008 Michigan enacted a felony DUI statute that allows any person with two prior drinking and driving convictions in their lifetime to be charged with a felony on their third arrest. Many people call me seeking advice about their recent arrest and when I ask if they have any prior OWI convictions they are shocked to learn that the reason they didn't get a ticket this time like the other times is because they are being charged with a felony DUI. Often times clients mistakenly believe that because their prior convictions were so long ago that it won't matter. However, this law indicates that any third offense in your lifetime, no matter how long ago the prior convictions took place, can be used to charge a felony offense. Obviously, this is very serious as the consequences of a felony conviction will be life-changing.

The consequences for a felony OWI in Michigan can include up to 5 years in prison, 30 to 365 days in jail, community service, rehabilitation, fines up to $5000, probation, and reimbursement for the costs of prosecution. And, usually by the time you are charged with a felony DUI you can kiss your license goodbye. Even if you are eligible to get it back any time soon, it will be a very difficult process to get it restored. For more info on the license restoration process please see this blog article: http://www.michigandrunkdriving.com/Flint-Criminal-Defense-Blog/2011/November/Drivers-License-Appeal-and-Restoration-Part-1.aspx

If you find yourself or a loved one in this terrible situation it is imperative that you seek the advice of a very experienced and qualified criminal defense attorney right away. Do not wait until you are notified to go to court! The felony warrant process can take months and it may seem like maybe your case fell through the cracks after your arrest. Don't be fooled by this delay. You can be assured that if this is your third arrest for drinking and driving, the police will make sure that you are charged with the most serious offense possible. This delay from arrest to arraignment (first court appearance) is when you should be working with a highly trained DUI attorney to formulate a strategy for your defense.