Similar to a first offense Operating While Intoxicated (OWI), a Michigan second offense DUI (Michigan uses the term OWI) is a misdemeanor. However, the penalties are significantly steeper. If you’re facing charges, speak with a second offense DUI attorney immediately.
Are you facing a second DUI? Unhappy with your current second offense DUI attorney? Request a free consultation now.
Mandatory jail time.
Mandatory community service.
Loss of your driver’s license if your first conviction was less than seven years (7) prior to this offense.
Now, your job and your family’s well-being are on the line with a jury often deciding your fate.
In the court’s eyes, you’re now considered a “repeat offender” and are addicted to alcohol and/or drugs.
Whether or not this is true, not many people are arrested for a second offense within seven years of a first offense.
As a result, the courts, prosecutors and judges alike, typically try to impose the harshest penalties allowed by law.
But make no mistake.
Now is not the time to price shop for an attorney.
You need an experienced and knowledgeable DUI lawyer.
And with an unrivaled track record, when you hire a second offense DUI attorney 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.
Michigan’s drunk driving laws are among the country’s toughest.
These are some of the penalties you face when convicted of Michigan second offense DUI:
If the second offense conviction is within seven (7) years of a prior conviction, the offender’s license will be revoked for a minimum of one (1) year. This means that driving privileges will not return automatically. Instead, you must prove that you will be a safe driver through a license restoration hearing with the Secretary of State (SOS).
Michigan second offense DUI convictions rely heavily on various types of evidence, including:
All of the evidence listed above can help negotiate plea deals or provide winning evidence at trial.
But you must hire an aggressive lawyer since trials are more common for second offense DUI cases.
Prosecutors almost always go for the maximum allowable sentence for DUI cases.
They expect to win.
There’s very few reasons to negotiate with a defense attorney.
However, the threat of a jury trial handled by a 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 firm has executed multiple defense strategies that many firms are unaware of or are unqualified to try.
This guarantees the best possible outcome for second offense DUI clients that you’re unlikely to get from other firms.
Example 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 2nd offense OWI.
If the Standardized Field Sobriety Tests and Preliminary Breath Test were administered incorrectly or by the wrong person, then there’s no probable cause for an arrest.
This defense explains that a person having a BAC over .08 at the time of the arrest may not have been over the legal limit when the vehicle was operated.
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 be successfully used as a defense if you hire a lawyer with no scientific background.
While this is a difficult defense to execute, it’s a strong one that we’ve used successfully in cases.
If someone’s drink was spiked with alcohol or drugs unknowingly, or if they took the wrong medication, then they shouldn’t face the penalties of a second offense DUI conviction.
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:
Many DUI charges rely on 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 second offense DUI defense attorney team to represent you.
Are you charged with a second DUI? Unhappy with your current second offense DUI 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.