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:
- 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).
Michigan second offense DUI convictions rely heavily on various types of evidence, including:
- Standardized Field Sobriety Testing
The Horizontal Gaze Nystagmus, Walk-and-Turn, and One Leg Stand are standard. - Chemical Bodily Alcohol Testing
This includes the Preliminary Breath Test, Datamaster and Blood Test.
- 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.
- 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.
- 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?
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:
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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.
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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.
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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.
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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.
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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.
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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.
The Right Firm Asks The Right Questions
What Sets The Law Offices of Barton Morris Apart?
Over Two Decades of Legal Experience With Michigan DUI laws and Other Practice Areas
We’ll Tackle Even The Most Challenging Cases and Refuse To Back Down
We Have a Successful Track-Record Obtaining Favorable Outcomes For Our Clients
Our Seasoned Trial Lawyers Aren’t Afraid To Go To Court & Fight For Your Rights
From Our Clients
50+ Reviews, 5 Star Ratings
Stop your Google search, pick up the phone and retain the services of the best criminal defense team in the state of Michigan. When you hire Barton Morris to represent you, you should be confident in knowing that the lawyers on his team will fight for your legal rights in every way possible. Mr. Morris and his associates legal knowledge is unsurpassed bar none. Although my case was unique, having been on the lam for sixteen years, Mr. Morris was able to prove that the lack of evidence was detrimental to the prosecution and all charges were dismissed. Mr. Morris happened to be the second lawyer that I contacted. The first lawyer said he would take my case for a $10K retainer fee and that I had a long road ahead of me. The next day, I contacted Mr. Morris and knew from our first conversation that I was in good hands with his representation. Stop shopping around and hire Barton Morris today!