What Happens After Your Second DUI Offense in Michigan?

If you’ve been charged and convicted of a second DUI (or OWI as it’s referred to in Michigan) within seven years of your first conviction, the consequences are serious. Michigan law imposes stricter penalties on repeat offenders, making it essential to understand what you’re facing and how to approach your case. The Law Office of Mark R. Mitchell, P.C. specializes in defending individuals charged with DUI offenses and provides expert guidance to help navigate these challenging situations.

Penalties for DUI (Second Offense)

A second DUI conviction in Michigan within seven years comes with harsher penalties than a first offense. Here’s what you might face:

• Fines and Costs: You could be fined between $200 and $1,000. In addition, there are court costs, probation fees, and other financial obligations.
• Jail Time: A second DUI can result in 5 days to 1 year of imprisonment. Some courts may impose longer sentences if there are aggravating factors, such as high blood alcohol content (BAC) or involvement in an accident.
• Community Service: A judge may require up to 90 days of community service as part of your sentence.
• Probation: You will likely be placed on probation, which may include alcohol or substance abuse treatment, regular check-ins with a probation officer, and random alcohol or drug testing.
• Vehicle Immobilization or Forfeiture: Your vehicle could be immobilized, or in severe cases, permanently forfeited.

The penalties for a second offense DUI are not only legal but also personal, as they can affect your employment, relationships, and finances.

What Happens to My License After a Second Offense DUI (DWI)?

Michigan takes a hard stance on repeat DUI offenders, especially when it comes to driving privileges. After a second DUI conviction, your driver’s license will be revoked for a minimum of 1 year if you have a prior DUI conviction within the past seven years.  If you are charged and convicted with a third DUI in your lifetime, then you will have your driver’s license revoked for 5 years.

It’s important to remember that a second DUI revocation is automatic, and you cannot challenge it in court. However, the Law Office of Mark R. Mitchell, P.C. can help you explore ways to minimize the impact on your life and advise you on how to reinstate your driving privileges as soon as possible.

Regaining License After Second DUI Conviction

Getting your license back after a second DUI conviction in Michigan isn’t easy, but it is possible with the right steps. Once your revocation period is over, you must request a hearing with the Michigan Secretary of State’s Administrative Hearings Section (AHS).

To regain your license, you will need to provide the following:

1. Sobriety Evidence: You must demonstrate a sustained period of sobriety, at least one year, along with evidence that you are committed to remaining alcohol-free. This can include documentation of attendance at Alcoholics Anonymous or a similar program.
2. Substance Abuse Evaluation: A certified substance abuse evaluator must provide a professional assessment, confirming that you are no longer dependent on alcohol or drugs.
3. Letters of Support: You will need to provide several letters from friends, family, and employers vouching for your sobriety and good character.
4. Ignition Interlock Device: If driving privileges are granted, you will be required to install an ignition interlock device as a condition of your driving privileges.

At the hearing, the AHS will review your case and decide whether to grant a restricted driver’s license with a requirement that you install and properly operate an ignition interlock device. The Law Office of Mark R. Mitchell, P.C. can guide you through this process, helping you compile the necessary documentation and represent you during the hearing to increase your chances of success.

For more information on how to defend against a second DUI charge or to get help with your license restoration, contact the Law Office of Mark R. Mitchell, P.C. today. We are here to help you get back on track and move forward with your life.