- Michigan's Drunk Driving Laws
- Michigan drunk driving
- Law on Michigan drunk driving
- First time offense Michigan DUI
- Michigan's new 0.08 law
- Michigan's new driver license responsibility fee
- Michigan drunk driving: frequently asked questions
- The drunk driving statute: MCL 257.625
- OUIL, OWI, DUI, DWI, OUIN, and OWVI?
- OWI 2nd offense
- OWI 3rd offense
- Felony drunk driving
- License sanctions for drunk driving
- License suspension for drunk driving
- Driving while license suspended DWLS
- Driving on a suspended license
- Operating with the presence of controlled substance
- Michigan's child endangerment law
- Michigan's zero tolerance law
- Field sobriety tests
- Preliminary breath test
- The Datamaster breathalyzer
- Breath and blood Tests
- Michigan Drunk Driving Defense Attorneys
- Do I need an attorney?
- What to look for in an attorney
- How much does an attorney charge for drunk driving?
- Michigan-drunk- driving.com
- Attorney William J. Maze
- Attorney Steven N. Gotler
- Michigan Drunk Driving Procedure
- Drunk driving defenses
- The drunk driving court process and procedure
- I didn't get a ticket. What now?
- Should I accept an impaired?
- An overview of probation: the consequences of a plea
- What is "discovery" in drunk driving cases?
- Drunk driving: Bench trial or jury trial
- Michigan's Courts Enforcing Drunk Driving Laws
- Michigan courts handling drunk driving cases
- What to expect in an Oakland county drunk driving case
- What to expect in an Macomb County drunk driving case
- What to expect in a Monroe County drunk driving case
- What to expect in a Wayne County drunk driving case
- What to expect in a Washtenaw county drunk driving case
- Other Resources
- Michigan Police Departments
- Michigan Secretary of State
- Michigan Department of State Police
- DLAD: Driver's License Appeal Division
- National College For DUI Defense, Inc.
- Links and Other DUI Resources
Repeat Offender Laws: OWI 2nd
MCL 257.625 states that a 2nd OWI is a misdemeanor:
(b) If the violation occurs within 7 years of a prior conviction, the person shall be sentenced to pay a fine of not less than $200.00 or more than $1,000.00 and 1 or more of the following:
(i) Imprisonment for not less than 5 days or more than 1 year. Not less than 48 hours of the term of imprisonment imposed under this subparagraph shall be served consecutively.
(ii) Community service for not less than 30 days or more than 90 days.
It is important to note that the violation must occur within seven years of a prior conviction. In addition to a prior conviction for OWI, a prior conviction for purposes of enhancement includes a prior OWVI (operating while visibly impaired), a Zero Tolerance conviction, and a prior conviction for violation of the new "any amount of a controlled substance" provision.
Out-of-state convictions may be used to calculate the number of prior convictions in certain instances.
The language of the statute indicates that fines shall be paid in the amount of at least $200 and not more than $1,000, plus 5 days to 1 year and/or 30 to 90 days community service. Although a period of incarceration is not mandatory under this provision, most courts will sentence a convicted person to a period of incarceration. Because of this, most people charged with an OWI 2nd want to seek legal counsel.
Although forfeiture of the vehicle is optional, if the vehicle used in the underlying offense is not forfeited, it is mandatory that the court order the vehicle immobilized upon conviction.
Upon conviction for an OWI 2nd, a person's driver's license is revoked for a minimum of one year. To get a restricted license, the convicted person must wait until they are eligible to apply to the DLAD (driver's license appeal division) and satisfy the requirements of the DLAD.
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