Operating While Intoxicated Third Offense in Michigan

DUI Third Offense Felony Defense Attorney

A person who is arrested for any drunk or drugged driving charge who has two prior drunk driving convictions, no matter how long ago any of those two prior offenses occurred, faces a felony third offense DUI / OUI / OWI charge. Possible penalties include:

  • A minimum 30 day jail sentence or up to one year in jail.
  • A license revocation of one to five years depending upon the length of time of the last conviction
  • $1,000 driver responsibility fees for two years in a row
  • Probation for up to five years
  • Vehicle immobilization ranging from one to three years
  • Vehicle forfeiture (possibly)
  • Denial of your driver’s registration
  • An additional six points on your driver’s record
  • A felony that stays on your record for the rest of your life – perhaps the most severe consequence of all.

Generally, the more prior offenses someone has and depending upon how close in time they are, the court may consider higher penalties. The same goes for the blood alcohol level. The higher the level, the higher the penalties. A court can also look to such things as reckless driving, property damage and physical injury to others as factors to consider when sentencing those guilty of this offense.

While in most jurisdictions, including Oakland, Wayne and Macomb counties, it is possible to reduce the third offense to a misdemeanor, depending on the time of the last offense, a license revocation is still mandatory. 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. A key here too is that driving offenses cannot be expunged from a person’s conviction record. Multiple drunk-driving convictions will bring serious consequences including employment difficulty as well as possible credit restrictions.


To properly defend any third offense felony DUI drunk or drugged driving case the alcohol testing must be carefully and exhaustively scrutinized by the expert DUI defense lawyer. For breath tests, the Dataaster breath test machine that was utilized must be thouroughly 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 not 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 after any length of time. For some, this consequence is unacceptable. 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 lessor 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 a case and that is how great Non – DUI / OWI / OUI results are obtained. 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 drinking and driving crime in the Oakland, Wayne or Macomb County communities of Royal Oak, Bloomfield Hills, Detroit, Warren, Troy, Sterling Heights, Southfield, Farmington, Rochester Hills, Novi, any surrounding area, or throughout the State of Michigan and want the best OWI / DUI /OUI criminal defense lawyer, call Michigan Drunk Driving OWI Attorney Barton Morris at (248) 541-2600.

Read About Breath Alcohol Test Defenses

Read About Blood Alcohol or Drug Test Defenses


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