What happens when a 2nd OWI is given?

It is still a misdemeanor, but the potential penalties increase including jail time, fines, and losing your driver's license becomes mandatory as well as vehicle immobilzation. Consult with an experienced DUI attorney before pleading guilty to anything.

This depends on the circumstances and how long ago the first OWI was received. More information is needed to respond to this question.

Often an OWI conviction with a prior conviction leads to jail time as well as immobilization of the vehicle driven and possibly forfeiture. Call an attorney right away.

Actual penalties are set forth in my web site tomkolaw.com. expected results will vary by Court. Some Courts impose 5 days to 1 year in jail. Others impose only probation. Your case management plan, developed with your attorney for your specific Court should be designed to get you your best result. If you are in need of representation in Macomb, Oakland or Wayne Counties, you may contact me to make an appointment to discuss your case. I look forward to hearing from you.

When you receive a second OWI, in addition to being put on probation, being forced to pay fines, costs, and 2 years worth of financial responsibility fees to the Secretary of State, the harshest sanction is that you automatically lose your drivers license for a year with no ability to get ANY type of restricted license. Fines, costs, length and terms of probation vary wildly county by county, court by court. If you get caught driving during the year in which your license has been revoked, you risk the good possibility of jail and an additional amount of time added to your suspension. After the year's suspension, you can APPLY to get your license privileges restored, but it is not automatic. You have to petition the Secretary of State and you must submit a substance abuse evaluation along with letters from friends and relatives proving that you have stopped drinking and you must submit the results from a drug screen. The final step is an appointment in front of a referee who determines if you meet the criteria to get your license back. If the referee decides to restore your license, it will almost assuredly come with conditions - a breathalyzer in your car and time and/or destination restrictions for the year. If you successfully complete the year without violating any of the conditions, you must again petition the Secretary of State to have the breathalyzer and restrictions lifted. This is a very time consuming, expensive and tedious process from the beginning and you are only allowed to petition for restoration once a year, so if you are turned down, you must wait another whole year without a license before you can try again. I have rarely seen anyone get their license back on the first try without a lawyer who specializes in these types of matters.

The defendant is at risk for jail, will lose their license for at least a year and likely more and must hire an attorney if they want to try and avoid the jail.