Second Offense DUI
Request a Free Consultation

Should our expert team not meet your expectations, let us know, and give us a chance to make it right. If we cannot, we guarantee to return half of your original retainer fee.
Home » DUI Defense » Second Offense DUI

Second Offense DUI Lawyers in Michigan

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.

Penalties for Michigan Second Offense DUI

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:

  • A mandatory minimum of five (5) days in jail with a maximum of one (1) year in jail. Many judges will exceed the five-day minimum depending upon the circumstances, such as the recency of the prior offense and the blood alcohol content (BAC). 
  • A minimum of 30 days and up to 90 days of community service.
  • Maximum fine of $1,000.00.

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).

The Evidence Against You

Michigan second offense DUI convictions rely heavily on various types of evidence, including:

  1. Standardized Field Sobriety Testing
    The Horizontal Gaze Nystagmus, Walk-and-Turn, and One Leg Stand are standard.
  2. Chemical Bodily Alcohol Testing
    This includes the Preliminary Breath Test, Datamaster and Blood Test.

  3. Police Dashcam and Bodycam Footage
    The police dashcam reveals why the police officer decided to pull you over, while the bodycam footage will show angles of the field sobriety tests, breath test result, and arrest.

  4. The Police Report
    Did the officer observe erratic driving? Did they observe slurred speech or alcohol smell on your breath? These are just some of the observations that are noted in the initial police report.
  5. Prior Offense Recency
    How soon after your first offense OWI were you arrested for your second offense? Was it months or years? Was it in the same city? 

How We Defend Second Offense DUI Cases

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:

  1. Challenging the Traffic Stop

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. 

  1. Determining If There Was a Probable Cause for Arrest

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.  

  1. The Rising Alcohol Defense

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

  1. Evaluating Your Medical Conditions

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. 

  1. Determining If You Were Involuntarily Intoxicated

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.

  1. Substance Abuse

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.

Why Hire Us?

Barton holds numerous distinctions specific to OWI cases, such as:

  • President of the Michigan Association of OWI Attorneys
  • Michigan’s only Forensic Lawyer-Scientist designated by the American Chemical Society
  • Only criminal defense lawyer contributor on Michigan Impaired Driving Safety Commission’s report on whether THC equals to intoxication while driving
  • Board member for the Michigan Department of Attorney General’s Marijuana Legal Workgroup, Trial Lawyer’s College Alumni Association, DUI Defense Lawyers Association Justice Foundation, and more
  • Faculty for National College for DUI Defense and the DUI Defense Lawyers Association
  • Barton has trained some of the most well-known OWI lawyers in America

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.


Reviews From Our Clients

50+ Reviews, 5 Star Ratings

Bryan Smith

Rated 5 out of 5
December 22, 2022

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!

Bryan Smith

Leng T.

Rated 5 out of 5
December 22, 2022

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.

Leng T.

Kelly M.

Rated 5 out of 5
April 5, 2022

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!

Kelly M.

Thomas Smale

Rated 5 out of 5
December 28, 2020

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.

Marty Upfall

Thomas Smale

Marty Upfall

Rated 5 out of 5
November 10, 2020

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.

Marty Upfall
Call Us Now Message Us