A 2nd offense DUI charge is serious. The reader undoubtedly knows that, and fear-based marketing scare tactics aren’t going to help anyone’s situation. In this article, we’ll look at 2 key aspects of 2nd offense DUI cases that can be positively influenced by competent Michigan DUI representation. We’ll begin by examining a major concern – losing the ability to drive. Then, we’ll get to the good news – that in many 2nd offense cases, jail can often be avoided altogether.
Let’s start with an important but often overlooked facet of Michigan law. Anyone arrested for (and convicted of) a 2nd offense DUI within 7 years of the date of his or her 1st DUI conviction is legally categorized as a “habitual alcohol offender.” There are several key consequences to this, 2 of which will significantly impact anyone convicted for his or her second DUI. The first is that, upon conviction for his or her 2nd offense, the person’s driver’s license will automatically be revoked.
This is done by the Michigan Secretary of State, and not the court. Understand that “revoked” means taken away for life. This is very different than the mere suspension of a driver’s license following a 1st DUI conviction. There, a person simply has to wait a specified period of time (either 3 months, 6 months, or 1 year) and then he or she can regain full driving privileges upon payment of the mandatory reinstatement fee.