Will my second OWI be an immediate felony in Michigan? 9 Answers as of June 11, 2013

I live in Lansing and was arrested for a second OWI last week. Is this an immediate felony charge?

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Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
No, it will not be. You need three (3) DUIs before they rise to the felony status in Michigan.
Answer Applies to: Michigan
Replied: 4/28/2011
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
A second OWI in Michigan is a misdemeanor. (Unless there is a serious injury or death, which could result in a felony). I hope that this was useful. Check my website for details on potential penalties and license sanctions.
Answer Applies to: Michigan
Replied: 4/27/2011
Law Office of Gary Lazar
Law Office of Gary Lazar | Gary Lazar
If you are charged with a straight ahead OWI second, it is a misdemeanor. If convicted, your license will be suspended for one year with no type of restricted or hardship license available. Your car COULD be ordered disabled and you will have to pay fines and costs, be on probation and comply with any terms imposed by the judge, i.e., random pbt and/or drug tests, counseling, alcohol awareness classes, and possible jail.

It is essential that you hire an attorney familiar with the court in which you are charged. Btw, after your 1 year license suspension, you will have to apply to a secret ary of state review board to get your license back. I strongly recommend that you hire an attorney for this process as well. I have rarely seen an unrepresented driver get his/her license back on the first or even second try. You may apply to have your license restored only one time per year. If you are refused, you must wait a full year for your next try. If you jump through all the hoops and are granted your license, it will almost assuredly be with restrictions including a breathalyzer in your car for a year and probable limits on the times you can drive, or places you are allowed to drive to, or more likely a combination of both. If you successfully complete your year of restrictions, you must apply again to have the restrictions removed.
Answer Applies to: Michigan
Replied: 4/26/2011
Nichols Law Firm
Nichols Law Firm | Michael J. Nichols
OWI II is a misdemeanor.
Answer Applies to: Michigan
Replied: 4/26/2011
Craig W. Elhart, P.C.
Craig W. Elhart, P.C. | Craig Elhart
No.
Answer Applies to: Michigan
Replied: 6/11/2013
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    No. A third is a felony.
    Answer Applies to: Michigan
    Replied: 4/26/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    It depends on the specifics of the case. Since I do not know the details, I would feel more comfortable answering it with such case details and to know you previous criminal record information. Feel free to contact me if you are searching for an experienced attorney or have further questions.
    Answer Applies to: Michigan
    Replied: 4/26/2011
    Coleman & Ramirez
    Coleman & Ramirez | David Coleman
    No. It could only be charged as a felony if you had two prior offenses.
    Answer Applies to: Michigan
    Replied: 4/26/2011
    Law Office of Daniel J. Larin
    Law Office of Daniel J. Larin | Daniel Larin
    A second OWI can only be a felony if you killed or injured a person or if you are charged with child endangerment (having a person under 16 in the car) and the prior OWI is less than 7 years ago. Therefore, it is unlikely that you are facing a felony. However a 2nd offense is very serious and can result in a complete loss of driving privileges for at least one year and up to the rest of your life and a very real chance of jail. See a lawyer right away. Most will not charge for a initial consultation and you can get some very valuable information.
    Answer Applies to: Michigan
    Replied: 4/26/2011
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