You already know that a 3rd offense DUI is serious, so there’s little point in going on and on about that. Chances are, however, that if you’re facing a 3rd offense OWI, even though it is a felony, it isn’t nearly as bad as you may fear, especially here, in the Tri-County area. If there’s one thing I hate, both as a lawyer and as a consumer myself, it’s fear-based marketing tactics, and I want this article to stand in contrast to the general practice of trying to scare the hell out of you. Instead, I want to look at 2 important factors that, more than just about anything else, will influence what happens: location, and BAC results.
Let’s begin with the obvious: a lawyer should carefully examine everything to see if there is some way to beat the case; my team and I certainly will. In my office, for example, it’s standard practice to obtain the police car dash-cam video in every DUI case that comes in. While you certainly won’t find anything wrong with the evidence unless you look for it, the simple truth is that the police usually don’t screw things up catastrophically, anyway. Thus, when the evidence is strong enough to withstand a legal challenge, we negotiate a plea bargain that reduces a 3rd offense felony down to a 2nd offense misdemeanor, or at least work out a more lenient sentence agreement that shines like a bright light at the end of a dark tunnel.
I want to be clear that while there are geographical and practical considerations to what and how things get done, even in what might seem the most clear-cut, true 3rd offense drunk driving cases, typical sentences in Oakland, Macomb or Wayne County are measured in days, not months, and certainly not in years. To clarify, a “true” 3rd offense means a person only has 2 prior DUI convictions in his or her lifetime. Since there is no higher OWI charge than “3rd offense” in Michigan, even a person with 12 prior drunk driving convictions can only be charged as a 3rd offender if he or she is arrested for number 13.