Second Offense Drunk or Drugged Driving Attorney
The penalties for a second offense are much more serious than for a first. As stated above, a violation is considered a second offense if it has occurred with seven years of your first DUI / OWI / DWI conviction. Even out-of-state convictions may be considered during sentencing. Jail time is much more likely and so is a license revocation.
Possible penalties include:
- Up to $1,000 fine, and one or more of the following
- 5 days to 1 year in jail
- 30 to 90 days of community service
- Driver’s license revocation and denial for a minimum of 1 year if first conviction occurred less than seven years prior.
- License plate confiscation.
- Vehicle immobilization for 90 to 180 days, unless the vehicle is forfeited.
- Vehicle forfeiture (Possibly).
- 6 points added to the offender’s driving record.
- Driver Responsibility Fee of $1,000 for 2 consecutive years.
Generally, the more prior offenses and if they are closer in time, the higher the penalties. The same goes for the blood alcohol level. The higher the level, the higher the penalties, with a 0.17 % BAC or higher now considered ‘Superdrunk’.
A license revocation is mandatory if the second offense conviction date is less than seven years after the first-offense conviction date. You will never find a prosecutor willing to reduce a drunk driving to a non-driving related offense unless a good Michigan drunk driving lawyer is able to show them they are unlikely to win the case at trial.
To properly defend any second-offense misdemeanor DUI drunk or drugged driving (OWPD) case the alcohol-testing must be carefully and exhaustively scrutinized by the expert DUI defense lawyer. For breath tests, the Datamaster breath test machine that was utilized must be thoroughly investigated. All calibration and simulation records must be carefully examined. The required 120 day Class IV operator maintenance reports must be requested and examined. The maintenance and service history records must be obtained from the manufacturer and examined. The breath test operator’s Datamaster training history must be requested and documented. A printout of the instrument’s calibration history must be ordered and reviewed. A full profile of the Datamaster’s operational history must be understood. Further, it must be determined if the accused had any medical diagnosis issues that could affect or invalidate the breath test. These diseases include type one and type two diabetes and gastro esophageal reflux disorder (GERD).
A blood alcohol test performed by the Michigan State Police Forensic Science Division must also be fully investigated. Most attorneys will take the summary test results report as fact because they do not know what records must be obtained and even how to evaluate them. There are about 1000 pages of records that exist for each test and they all must be reviewed to establish the testing accuracy and reliability. These records are obtained and professionally reviewed by an experienced attorney for every blood alcohol test case. To accept the one page summary blood test toxicology test results as fact is done all the time by inexperienced DUI attorneys. They do have the desire or inclination to take the time necessary to educate themselves on how to properly evaluate and challenge blood alcohol tests. Further, the blood-draw procedures and protocols must also be specifically questioned and evaluated. The chain of custody of the blood sample must also be investigated. There are several avenues of question and attack in blood alcohol testing cases for an experienced and knowledgeable DUI attorney like Michigan drunk driving lawyer Barton Morris.
Practically, a drunk driving conviction will stay on a person’s record for the rest of their life. There is absolutely no possibility of expungement or setting aside the conviction under any circumstances or any expiration of time. For some, this consequence is unacceptable. This fact alone can have serious consequences for someone concerning both current and future employment. Further, there is no prosecutor or city attorney automatically willing to offer a plea bargain to any offense that is not driving and alcohol-related. The truth is, most criminal defense attorneys will take your case expecting to plea it to a lesser DUI charge. That is all they know how to do. Many lawyers may call themselves specialists but they specialize in guilty pleas. If you or a loved one have been charged with drunk driving and you don’t want a drunk driving conviction on your record for the rest of your life you must hire a drunk driving specialist who will effectively fight the case and earn a desired result. The Law Office of Barton Morris has the experience and DUI education necessary to get great results. You have to fight for great results – filing motions, challenging evidence, utilizing experts and winning jury trials. That is how the Law Office of Barton Morris litigates cases and that is how great results are obtain ed. This can include up to dismissal of all charges. There is no other way. Great results must be earned – they do not come because someone “knows the judge” or is “friends with the prosecutor”. If you hear these often used phrases, keep looking for an attorney until you find one who gets results with hard work and specialized training like Attorney Barton Morris. EVERY DUI CASE CAN BE WON – EFFECTIVE DEFENSES EXIST IN EVERY CASE ONLY IF YOU HAVE THE RIGHT LAWYER. ALL PEOPLE WHO PLEA GUILTY TO DUI WILL BE GUILTY OF DUI – ONLY DEFENDANTS WHO FIGHT THEIR CASE CAN WIN.
If you have been charged with a OWI / DWI / OUI drunk driving case in the Oakland, Wayne or Macomb County communities of Royal Oak, Bloomfield Hills, Detroit, Warren, Troy, Novi, Rochester Hills, Farmington, Southfield, any surrounding area, or anywhere in the State of Michigan and want the best defense, call Michigan Criminal Attorney Barton Morris at (248) 541-2600.