QUESTION
Am I to plea for OWI first or second offense?
Asked on Aug 24th, 2012 on DUI/DWI - Michigan
More details to this question:
I was stopped for my second DUI about two weeks ago in Michigan. My first was two years ago in Wisconsin. I have received a plea deal from the district attorney stating if I plead to the lesser offense of operating while intoxicated first offense, the people will dismiss the charge of operating while intoxicated second offense. Does this mean the penalties will be, as I was never convicted prior to this? In Michigan, will I still be revoked on my license for one year or just suspended as it states for a first offense. I do not know if I take this deal because they do not tell me what I am facing before I accept it.
7 ANSWERS
Michael J. Breczinski
OWI 2nd carries up to 1 years in jail. OWI 1st caries a maximim of 93 days and the fines are less also. The court has nothing to do with revoking or suspending your license. The Secretary of State does that and it depends on your proir record.
Answered on Aug 29th, 2012 at 2:52 PM
Leonard A. Kaanta
Your fines and costs will be for a first offense, but the Secretary of State is not part of the deal.
Answered on Aug 28th, 2012 at 10:34 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Yes, it will be a second and you will get revoked for at least a year, but likely longer. Get an attorney on board ASAP.
Answered on Aug 27th, 2012 at 9:31 PM
Do you have an attorney? It is concerning that you have to ask such an important question over the internet. You deserve to have a lawyer that takes the time to discuss all of these important issues with you.
If you are charged with a second and have a plea offer of a first, that is an okay deal. Why not an impaired? Is your driver's license through Michigan or another state? I highly suggest you talk to your attorney about these issues and if he or she is unable to answer your questions in a way that makes sense to you, it may be time to hire another lawyer.
Answered on Aug 27th, 2012 at 4:38 PM
Steven D. Dunnings
The Secretary of States office will still treat it as a second offense and impose the appropriate licensing sanctions.
Answered on Aug 27th, 2012 at 4:37 PM
The prosecutor's offer will not reduce your license sanctions. A second drunk driving conviction in 7 years will result in a one year revocation with the secretary of state whether it is charged as a 1st or 2nd offense.
Answered on Aug 27th, 2012 at 4:37 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Get an attorney. The penalties will be for the charge plead to. There is more information required to answer your question definitively. Call my office with details and for an appointment.
Answered on Aug 27th, 2012 at 4:37 PM