Repeat Offender Laws: OWI 2nd

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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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