Statistics show that a good portion of people with a Michigan drunk driving conviction will be arrested at least one more time in their life for an additional drunk driving offense. If you are arrested and charged, you will be charged with a Michigan DUI second offense. Here is a typical conversation with someone charged with a drunk driving second offense in Michigan.
Client: I was arrested for a DUI
Me: Is this your first DUI charge in Michigan? Any out of state convictions?
Client: No just one DUI in Michigan, but it was a few years ago
Me: How many years ago?
Client: I think like 3 - am I going to jail?
Me: Yes, you will go to jail if you're convicted of a second DUI in Michigan, because there is a mandatory jail term of 5 days; some judges will give you community service instead, but most judges will send you to jail for a long weekend.
Client: What are the other penalties for a 2nd offense DUI in Michigan?
Me: Well your Michigan driver's license will be revoked for a minimum one year - you can't even drive to work or school. You're going to get 6 points on your license, your car can be immobilized or forfeited, you'll face thousands of dollars in fines, Michigan driver responsibility fees, an ignition interlock on your car and up to 90 days of community service. You'll also get Michigan probation up to two years with alcohol treatment and educational classes. You may not be able to leave the State of Michigan while on probation, and probably can't ever go to Canada again. In short, you're screwed pretty bad with a DUI second offense in Michigan.
Client: So what are my options here, you're making it seem pretty bad. I can't be convicted of this!
Me: Well we need to get every piece of evidence in your case, including police videos, police reports, audio recordings, records of the alcohol testing equipment, and I'll want to interview any people that can help your case. The truth doesn't matter, it's only what the prosecutor can prove beyond a reasonable doubt in court. We're going to hold that prosecutor to that standard.
Client: Ok that sounds good, let's work together.
Client: I was arrested for a DUI
Me: Is this your first DUI charge in Michigan? Any out of state convictions?
Client: No just one DUI in Michigan, but it was a few years ago
Me: How many years ago?
Client: I think like 3 - am I going to jail?
Me: Yes, you will go to jail if you're convicted of a second DUI in Michigan, because there is a mandatory jail term of 5 days; some judges will give you community service instead, but most judges will send you to jail for a long weekend.
Client: What are the other penalties for a 2nd offense DUI in Michigan?
Me: Well your Michigan driver's license will be revoked for a minimum one year - you can't even drive to work or school. You're going to get 6 points on your license, your car can be immobilized or forfeited, you'll face thousands of dollars in fines, Michigan driver responsibility fees, an ignition interlock on your car and up to 90 days of community service. You'll also get Michigan probation up to two years with alcohol treatment and educational classes. You may not be able to leave the State of Michigan while on probation, and probably can't ever go to Canada again. In short, you're screwed pretty bad with a DUI second offense in Michigan.
Client: So what are my options here, you're making it seem pretty bad. I can't be convicted of this!
Me: Well we need to get every piece of evidence in your case, including police videos, police reports, audio recordings, records of the alcohol testing equipment, and I'll want to interview any people that can help your case. The truth doesn't matter, it's only what the prosecutor can prove beyond a reasonable doubt in court. We're going to hold that prosecutor to that standard.
Client: Ok that sounds good, let's work together.
