QUESTION
Can you get a 3rd offense DUI with only 1 OWI conviction?
Asked on Mar 28th, 2012 on DUI/DWI - Michigan
More details to this question:
My husband is being held on a DUI 3rd offense but had two OUIL charges that were combined. The final conviction on that was OWI Driving While Impaired- First Offense. That was in 2000. The first offense OWI is the only conviction he has ever had but they are saying they can charge him with a third. How when he has never been convicted of a second offense?
6 ANSWERS
Jacob P. Sartz
He may have been convicted of multiple counts on the same file; however, if there was a mistake in the information, then it may be possible that the felony will be reduced to a misdemeanor charge if there was only one actual previous conviction. I'd recommend that your husband exercise his right to counsel and have an experienced attorney review his file.
Answered on Jun 22nd, 2012 at 9:19 PM
The law in Michigan has recently changed in this area. It really depends on the facts and circumstances of what occurred. Your husband should seek the advice of an attorney, often they can work out a better deal for him. Can you get a 3rd offense DUI with only 1 OWI conviction?
Answered on Apr 04th, 2012 at 10:38 AM
Michael J. Breczinski
You need an attorney to get a copy of the previous matter to see if it was entered as one or two convictions. They need two CONVICTIONS to charge OUIL 3rd.
Answered on Mar 30th, 2012 at 2:01 PM
Steven D. Dunnings
Your facts are confusing. If he has 2 prior drinking and driving related offenses, during his lifetime, whether impaired or operating under the influence, he can be charged with a third offense.
Answered on Mar 28th, 2012 at 2:32 PM
Douglas J. Lindsay
An individual can be charged with multiple criminal offenses, but if the final result is a conviction for only one offense, that is what would appear on his criminal record , one conviction. A subsequent drinking and driving offense cannot be enhanced to a 3rd offense, if by his driving and criminal record he has only one prior conviction irrespective of the charges that were "combined" as you say. It would be best to double check your information and have your husband's driving record concerning actual convictions for drinking and driving, thoroughly scrutinized.
Answered on Mar 28th, 2012 at 12:02 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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It is impossible and to your question without further information and a review of the file. The current charge is very serious, a felony, and capable of resulting in a prison sentence. I would very strongly suggest that you immediately engage an attorney.
Answered on Mar 28th, 2012 at 11:32 AM