Michigan 3rd Offense Felony DUI Penalties & Strategies

What to Expect When Facing a 3rd Offense DUI Charge in Michigan

A 3rd Offense OWI (Operating While Intoxicated) charge is a big deal. In Michigan, a 3rd DUI offense is a felony.

However, there is some good news because most of the possible legal fallout for a 3rd offense sounds a lot worse than it really is, especially here, in the Greater Detroit area of Wayne, Oakland, Macomb, and the surrounding counties.

In other words, things don’t usually turn out nearly as bad as you initially fear. That’s not to say a 3rd offense is a walk in the park – it’s not. However, with my team and I protecting you, things can be made a lot better

If you’re looking for Michigan DUI lawyer because you, or a person important to you, is facing a 3rd Offense charge, you need someone highly qualified to actually make things better. This begins with a clear and honest explanation so that you understand your situation and what can be done about it.

What is Considered a Third Offense DUI?

In Michigan, if a person has been convicted of two prior DUIs – no matter how long ago either of them took place – an arrest for a third drunk driving offense at any point in his or her lifetime can be (and usually is) charged as a third offense felony OWI.

In the state of Michigan, there is no higher DUI than a 3rd Offense. A person can have eight prior drunk driving convictions, but even if he or she is arrested for number nine, it will still be called a “3rd offense” or a “third offense.”

The second offense DUI rules about time between arrests and convictions don’t apply to 3rd offenses at all. For example, in Michigan, a person can ONLY be charged with a 2nd offense DUI if the first conviction occurred no more than seven years before his or her arrest for the 2nd DUI.

It doesn’t work like that for a 3rd offense.

What Happens After a Third Offense DUI Charge?

Because a 3rd offense DUI charge is a felony, the case must start in the local district court for the city or township where the arrest took place. If it is not dismissed or otherwise reduced to a 2nd offense misdemeanor in the district court, it will be transferred or “sent up” to the circuit court for the County in which it is pending.

My team and I are often able to get that kind of a plea bargain in 3rd offense DUI cases. When that happens, the matter stays in the local, district court, and the person faces far less severe legal penalties and negative consequences.

What Are the Maximum Penalties and Fines for a Third Offense OWI in Michigan?

Let’s look at the maximum possible penalties provided by law for a 3rd offense OWI in Michigan:

A 3rd offense charge will carry a penalty of a $500 to $5,000 fine and either of the following:

• 1 to 5 years imprisonment, or
• Probation, with 30 days to 1 year in jail (if the person is admitted to a specialty court program, the judge can waive some or all of that jail time).
• 60 to 180 days community service.
• Driver’s license revocation and denial if there are 2 convictions within 7 years or 3 convictions within 10 years. The minimum period of revocation and denial is 1 year (minimum of 5 years if there was a prior revocation within 7 years).
• License plate confiscation.
• Vehicle immobilization for 1 to 3 years, unless the vehicle is forfeited.
• Possible vehicle forfeiture.
• Vehicle registration denial.
• 6 points added to the offender’s driving record.

As pointed out above, this all sounds a lot worse than it will likely turn out, at least here, in the Greater Detroit area outlined above.

Note that what’s listed above are the maximum penalties provided by law. That doesn’t mean that they are probable, much less certain. In fact, many of these can be avoided outright, while others can be seriously minimized.

After a drunk driving arrest, it’s important to remember this: Success in a DUI case is best measured by what does NOT happen to you.

Third-Offense DUI Charge Defense Strategies

Whenever possible, you should ALWAYS contest a third-offense DUI charge in Michigan. As seasoned DUI attorneys, my team and I recognize the gravity of a third offense.

Often, there are effective strategies to challenge these charges. That begins with a comprehensive and thorough examination of the evidence against you. My team and I will carefully look for any vulnerabilities that may result in a dismissal or reduction of the charges.

In many cases, even if the case can’t be dismissed outright, we can negotiate to downgrade the felony charge to a misdemeanor, which significantly reduces the potential penalties and keeps the case within district court jurisdiction instead of circuit court.

This strategy not only helps to avoid mandatory jail time but also lessens the long-term repercussions of having a felony conviction wind up on your record.

Although confronting a third-offense DUI can be intimidating, having an experienced attorney working for you can significantly influence the outcome for the better.

What Is the Process of a 3rd Offense DUI Case?

A 3rd offense DUI, like all criminal cases, begins with an arraignment. Because it is a felony, after the bond is set, dates are set for a probable cause conference (PCC) and a probable cause hearing (also called a “preliminary examination”).

Part of the bond will be conditions that must be followed to stay out of jail. Every Judge will order a person facing a DUI charge to NOT consume any alcohol and require that he or she submit to periodic breath and/or urine testing to ensure compliance.

A 3rd offense DUI case follows the same process as any other DUI, except that, because it’s a felony, following the arraignment, the first substantive proceeding, held in the district court, will be a probable cause conference, mentioned above.

What Happens at a Probable Cause Conference?

Under Michigan law, when someone is charged with any felony offense, the parties will first get together for a probable cause conference (sometimes called a “pre-exam” and often designated as a PCC).

Michigan law requires that a probable cause conference be scheduled not less than 7, but not more than 14 days from the date of the person’s arraignment.

The probable cause conference comes first, as its main legal purpose is to determine if there will ultimately be a probable cause hearing.

Most cases never go all the way to and through a probable cause hearing (aka preliminary exam).

In practice, a probable cause conference is rather informal and involves the prosecutor and the defense lawyer talking about the case with the goal of “working it out.”

Indeed, it’s often at the probable cause conference where a plea bargain that reduces a 3rd offense felony down to a 2nd offense misdemeanor is negotiated.

What Happens if the Case Cannot Be Resolved?

There can be multiple probable cause conferences as the parties try and work out a resolution. That said, there is a lot more than just plea bargaining that takes place at these initial PCC meetings. All kinds of legal issues are discussed between the defense lawyer and the prosecutor, including things like sentence bargains, the possibility of a person seeking admission to sobriety court, and more.

If a case cannot be settled at this stage, it is most usually “waived up” to the circuit court. In other words, very few cases – especially felony DUI cases – go through an actual probable cause hearing.

What Happens in a Probable Cause Hearing (Preliminary Exam)?

Technically speaking, if a person does decide to hold a probable cause hearing (preliminary exam), the prosecutor must present enough evidence to convince the district court judge of two things:

1. That there is probable cause to believe a crime was committed, and
2. That there is probable cause to believe that the person facing the charge committed it.

This is a very low legal standard, meaning that not much proof is required to prevent a case from being dismissed. In the real world, what this means is that the prosecutor must only persuade the judge that it’s more likely than not that a law was violated, and that there is at least an honest, debatable question of fact that the person charged with the offense violated it.

Roughly translated, this means that the judge must find that there is an open question to be decided about whether a law was broken and that the person charged broke it. Unless the judge is convinced that the case is total BS, then it will be bound over and sent to the circuit court.

What Are Plea Bargains in a 3rd Offense DUI Case?

As far as plea bargains go in 3rd offense cases, it’s usually – but not always – better, if possible, to negotiate a deal that takes a 3rd offense felony DUI down to a 2nd offense misdemeanor in the local district court.

However, there can also be good reasons (including things like the defense lawyer’s strategy or having an especially tough district court judge) for why the case should go to the circuit court instead.

How Does a Lawyer Influence the Outcome of a 3rd Offense DUI Case?

A whole lot can be done to make things better if you’re facing a 3rd offense DUI. The extent to which that happens, though, depends on several factors, not the least which are:

• The strength of the evidence against you
• The location of your case (is it a particularly tough court?), and
• Most important, the experience and skill of your lawyer.

In many of cases, the defense lawyer and the prosecutor will meet for several pre-exam conferences in the district court to discuss the evidence and attempt to work out a resolution of the case. With very few exceptions, this either leads to a plea bargain in the district court or the case moves up to the circuit court because the defendant agrees to waive his or her preliminary exam.

In a very small number of cases, the matter will be decided after a preliminary exam has been held. When that happens, either there is a bind-over, meaning the case gets “sent up” to the circuit court, or the charge is dismissed.

While your lawyer can’t change the facts, it is critical that he or she properly manages them to produce the very best outcome possible. How that works out depends, as noted above, on the experience and skill of your attorney.

How Jeffrey Randa and Associates DUI Lawyers Help Minimize Penalties and Consequences

Our 30-plus year of DUI experience has taught us that by fighting hard, and following a intelligent defense strategy, we can avoid many – and often most – of the potential legal penalties and negative consequences from a 3^rd offense DUI.

For you, this means not having to lose sleep and worry about going to prison or otherwise having your life turned upside down.

In plenty of cases, we can even prevent you from losing your driver’s license.

Why Clients Choose to Work With Jeffrey Randa & Associates

With more than three decades of experience successfully resolving 3rd offense DUI cases in Michigan, our firm is dedicated to reducing penalties and steering clear of harsh outcomes such as incarceration.

Our approach involves crafting personalized defense strategies based on the facts and circumstances of your case. We’ll do everything possible to safeguard your driving rights while guiding you through your available options.

We also handle over 200 driver’s license restoration matters each year (and guarantee to win each one we take), so nobody can better protect your ability to drive and/or set the stage for you to get back on the road again than us.

If you are confronted with a 3rd offense DUI, we are committed to producing the very best outcome possible.

Additional Resources

• 3rd Offense DUI in Michigan – How to get the Best Results in Your Case: This article explores the legal challenges of a third DUI offense in Michigan, stressing the need for expert legal representation, preventative measures to reduce penalties, and addressing your relationship to alcohol for better legal outcomes and personal rehabilitation.
• Getting a 3rd Offense Felony DUI Dropped to a 2nd Offense Misdemeanor in Michigan: This article presents strategies for defending against a third DUI offense in Michigan, emphasizing the importance of focusing on key DUI defense principles, thoroughly reviewing evidence, and taking a proactive approach to reduce incarceration risk and achieve the best outcome.
• How to Avoid Jail Time for a 3rd DUI Offense in Michigan: This article (with video) highlights the importance of thorough investigation, diplomacy, and strategic negotiation in DUI cases. It examines how an attorney can successfully help a client avoid a felony charge and stay out of jail.

Facing a 3rd Offense DUI? Contact Jeffrey Randa & Associates for Free Legal Guidance

A third DUI offense in Michigan is serious. Avoiding as many of the legal penalties and negative consequences as possible requires experienced and skilled representation.

At Jeffrey Randa & Associates, we can protect you. We have over 30 years’ experience successfully handling DUI cases. My team and I can help you get through the complex legal landscape to lessen the repercussions on your life as much as possible

We are genuinely committed to achieving the best results, whether that involves getting an outright dismissal of your case or negotiating a plea bargain to reduce the charges and consequences.

If you are facing a third DUI charge, reach out to us today to discuss your situation. My team and I are very friendly people who will be glad to answer your questions and help you sort this out.

We’re happy to provide a free consultation, done over the phone – right when you call. We can be reached Monday through Friday, from 8:30 a.m. until 5:00 p.m. at either 248-731-4590 or 586-210-3017 or you can use our online contact form.

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