Felony Charges And Enhanced Penalties For Drunk Driving
The harsh punishment for DUI/OWI is raised another notch if you have aggravating factors such as excessive intoxication or previous convictions. It is critical to obtain legal counsel as early as possible to protect your record, your driver’s license and your freedom.
Call the Brighton criminal defense attorneys of the Law Offices of Harris & Literski. Our team has more than 100 years of collective criminal law experience, with a proven record of results for clients facing the most serious drunk driving allegations.
Michigan Super Drunk DUI (High BAC Offenses)
In 2010, the Michigan Legislature created new penalties for excessive blood alcohol concentration. Essentially, if a driver exceeds twice the legal limit (.17 BAC or more), the penalties may be twice as great:
- Where the maximum sentence for a straight DUI is 93 days in jail, a Super Drunk case is punishable by up to 180 days in jail.
- Where a straight DUI is subject to 30 days of license suspension and 150 days of restricted driving privileges, a Super Drunk case carries an automatic 45-day suspension followed by 320 days of restricted driving.
There is little room to negotiate these enhanced penalties. Pleading down to a straight DUI/OWI still carries serious consequences, including a criminal conviction on your record. Rather, we will vigorously contest the basis for the traffic stop, the results of the Breathalyzer or blood test and other elements of the prosecution’s case to try to defeat the underlying charge.
Repeat Offenses Of DUI/OWI
Multiple DUIs are viewed as a red flag of an alcohol problem or a menace to society. Thus, the penalties are harsh to deter drunk drivers and keep them off the road:
- A second DUI (OWI) offense within seven years is punishable by a minimum of five days in jail (up to one year), a minimum of 30 days’ community service, fines up to $1,000 plus an annual fee of $1,000 for two years, one year of license revocation, possible vehicle forfeiture and other penalties.
- A third DUI within 10 years is a felony. The potential punishment includes one to five years in prison, up to 180 days of community service, license revocation up to three years, and other penalties.
Again, our philosophy is to exhaust your defenses and prepare for trial. Our DUI defense lawyers understand that jail, loss of license and a felony record would have immediate and future consequences. We believe that our attention to detail and courtroom skill can make a positive difference in the outcome of your case.
These Are The Times You Need A Strong Defense
The Law Offices of Harris & Literski represents the accused in Brighton, Howell, Ann Arbor and surrounding communities of southeast Michigan. Contact us today to arrange a free consultation if you or a family member faces Super Drunk charges.