Second only to OWI Causing Serious Bodily Injury Or Death, third offense DUI in Michigan is the most serious drunk driving offense. If you’re facing charges, immediately speak with a third offense DUI attorney.
Are you facing third offense DUI charges? Unhappy with your current third offense DUI attorney? Request a free consultation now.
Besides the steep immediate penalties that come with a felony DUI, those convicted of a third offense offense felony are regarded as reckless criminals for the rest of their lives.
Even worse, these convictions can never be expunged.
Mandatory jail time.
Mandatory community service.
Loss of your driver’s license, job, and vehicle.
These are the penalties you face when convicted of a third offense OWI, often with a jury deciding your fate.
But those arrested for third offense OWI are not criminals — they deserve to be treated with compassion and rehabilitation in mind.
DUI (OWI, as it’s known in Michigan) charges are the most common criminal offenses in the criminal justice system.
So make no mistake.
Now is not the time to price shop for an attorney.
You need the right DUI lawyer.
And with an unrivaled track record, when you hire a third offense DUI lawyer and our team from The Law Offices of Barton Morris, you can rest assured that we’ll do everything in our power to win you less or no jail time, lower or no fines, and also save your driver’s license.
Facing a third DUI charge? Unhappy with your current third offense DUI attorney in Michigan? Request a free consultation now.
Michigan’s drunk driving laws are among the country’s toughest.
These are some of the penalties you face when convicted of 3rd DUI in Michigan:
Regardless, there is a mandatory minimum of 30 days in jail if convicted.
A Michigan DUI third offense is a felony charge.
If you’re convicted, life as you know it will unfortunately change for the worse.
Whether you disclose your conviction on the application or it comes up on a background check prior to hiring, many employers won’t offer a position to a person with a felony conviction.
Many businesses also make it a regular practice of running background checks of existing employees, regardless if they’re up for a promotion or not.
This means that you must forfeit all firearms and weapons immediately after sentencing, and can’t purchase firearms until a long waiting period passes.
Many rental properties won’t rent to anyone with a felony conviction, no matter the circumstances.
Life insurance and homeowner’s insurance are just some of the insurance rates you can expect to skyrocket once you’re convicted of a felony.
Even worse, your policy may even be terminated, as being a felon is considered an extremely high risk for insurance companies.
Federal Student Loans are almost never given to those with felonies on their backgrounds, especially for drug related offenses.
Private lenders also have their own barriers for granting loans to those convicted of a felony offense DUI.
If you’re convicted of a 3rd DUI offense, you can certainly expect mandatory vehicle immobilization or forfeiture for at least one (1) year.
After that, you must prove that you’re fit to hold a driver’s license again through a driver’s license restoration hearing with the Secretary of State.
Third DUI offenses are the most common felony prosecuted by circuit courts in Michigan.
Every felony conviction has sentencing guidelines that determine how many months someone should be incarcerated.
Prosecutors don’t like to plead DUI cases, as no judge, court or prosecutor ever wants to be seen as “lenient” with DUI cases.
Therefore, prosecutors almost always go for the maximum allowable sentence for DUI cases since they expect to win.
However, the threat of a jury trial handled by a third offense DUI defense attorney with significant experience trying and winning DUI jury trials will drive them to negotiate.
While very few defense lawyers have tried more than five DUI cases to a jury, Barton Morris has tried more than 30 DUI cases in his career.
Our lawyers, who are extensively trained by Barton, only add to that number.
The following are key factors that judges consider when sentencing those accused of a third DUI in Michigan:
Our firm has executed multiple defense strategies that many firms are unaware of or are unqualified to try.
This guarantees the best outcome possible for third DUI offense clients that you’re unlikely to get from other firms. Examples of some of our strategies include:
The police must have a valid reason, or “probable cause” for pulling you over before arresting you for OWI.
A thorough review of the dashcam footage may show that the traffic light was yellow, a turn signal was used, or “swerving” was minor and within your own lane.
This would reveal that there was no probable cause for the traffic stop.
The Fourth Amendment of the Constitution holds that unreasonable search and seizure is unconstitutional.
Therefore, the police need probable cause to arrest you for 3rd offense OWI.
If the Standardized Field Sobriety Tests and Preliminary Breath Test were administered incorrectly or by an unauthorized person, then there’s no probable cause for an arrest.
This defense explains that a person, while having a BAC over .08 at the time of the arrest, may not have been over the legal limit at the time of actual operation of the vehicle.
To use this defense, a lawyer must have an extensive background in understanding and evaluating scientific evidence.
Acid Reflux and Diabetes are just some of the medical conditions that can cause an inaccurate breath test result.
However, this can’t successfully be used as a defense if you hire a lawyer with no scientific background.
With a lawyer specializing in OWI cases, a third offense felony can be reduced to a misdemeanor or lower with no jail sentence or driver’s license suspension.
A case can even realistically be dismissed if you invest in the right lawyer.
Millions of Americans are victims of substance abuse.
In this case, our attorneys will fight to have you sentenced to sobriety court rather than face massive fines and jail time.
Sobriety Court is designed for recovery and to reduce the chance of repeat Drunk Driving offenses.
If Sobriety Court isn’t an option, then you have nothing to lose and everything to gain by going to trial.
Barton holds numerous distinctions specific to OWI cases, such as:
Third offense DUI cases rely on both outdated stigmas/biases and weak, flawed evidence.
There are hundreds, and potentially thousands, of people each year who face unfair penalties simply because their lawyer failed to recognize or understand how to contest evidence.
The stakes are too high. You need and deserve the best third offense DUI attorney to represent you.
Are you facing a third DUI charge? Unhappy with your current third offense attorney? Request a free consultation now.
Barton was amazing and I could not have had the positive outcome without his guidance. His team is prompt and great to work with. He even called while out of the country on vacation, which I feel shows he went above and beyond what someone might expect from their attorney. Experienced and cares! I would highly recommend Barton!
Very professional. I came and spoke to Barton Morris about my situation and my case. I asked him if he was willing to help me. He asked about the details and my background and history. He give me a positive confidence he can help me and my odds. His price is reasonable. He’s not one of those hole in the wall lawyers who treat you as a number. You are a human being with a personal life. You treats you as a valued client no matter how big or small the case.
I had Mike Norman as my lawyer for a case. I just wanted to come on here and thank him for doing his best for me. I am grateful during this stressful time. I’ve used Barton Morris as a lawyer about 11 years ago and he was awesome which is why we came back. I do recommend!
Extremely knowledgeable and very helpful when it comes to navigating the complicated nature of cannabis businesses in Michigan. I met with Barton where he answered all my questions about the pre-qualification application, and was prompt in answering subsequent questions through email after the meeting was completed. I certainly plan to continue utilize Barton’s knowledge in the future.
Just sitting here on my balcony. A bit chilly but sunny and beautiful. I am ever so grateful to have 100% freedom. Wasn’t sure I would ever meet this day. Hiring you(and your team) was the best decision I have ever made. You are a true master of your trade. As you sit with your beautiful family on Thanksgiving know that this year I am truly thankful of my freedom and the choice to hire Barton Morris. Thanks again. I will never forget what you have done for me.