I can help! My name is William Maze, and I am one of Michigan's most widely recognized DUI attorneys (technically known as an OWI charge in Michigan or operating while intoxicated). I have 20 years of experience fighting Michigan DUI charges. I have fought more Michigan drunk driving charges than any other lawyer in the State of Michigan. I focus on discovering evidence that will help you beat a Michigan DUI charge, motions that will cripple the prosecutor's case against you, and taking cases to trial before a jury. I have been an active member of the National College for DUI Defense since 2005, and I have learned the science and strategies that you need in your corner fighting a Michigan DUI charge. A Michigan drunk driving charge is serious, and your immediate concern should be how to select the right DUI lawyer for your case.
People tend to panic once they pick up an OWI 3rd offense. You've been through this before, obviously, with two prior drunk driving convictions, but those were both misdemeanor offenses. Suddenly, you're facing a felony charge, and you were told at the arraignment that you could face up to 5 years in prison. It is even more daunting that the process and procedure is entirely different, with the PCC and a preliminary examination schedule quickly after the arraignment.
An OWI 3rd is obviously more critical than a prior misdemeanor charge. A felony conviction of any sort can have a dramatic impact on a person's personal and professional life. Putting that aside, however, there is some good news: If you are charged with an OWI 3rd and facing your very first felony conviction, prison is not an option under the Michigan Sentencing Guidelines. Unless a person violates felony probation or the trial court judge deviates from the Michigan Sentencing Guidelines based upon facts that might justify a departure, you cannot go to prison for a first OWI 3rd felony conviction. For a typical OWI 3rd offense in Michigan, which is a 5 year felony, a person's sentence cannot result in a prison sentence under the Michigan Sentencing Guidelines without a violation of probation. By looking to the guidelines, you can get a good idea of possible exposure to imprisonment with the Michigan Department of Corrections. For example, a typical Michigan DUI / OWI 3rd offense without an accident involving serious injuries or death carries a maximum possible penalty of 5 years in prison. This is a Class E felony, and the sentencing grid appears like this:
For the typical person charged with an OWI 3rd, a quick calculation of the guidelines will result in a sentence range of 0 to 9 months in prison, up to 5 years. This is a fictional prison sentence which calls for an "intermediate sanction." Intermediate sanction cells are those cells in which the upper limit recommended by the guidelines is 18 months or less. MCL 769.34(4)(a). These cells are marked with an asterisk in the sentencing grids. When an offender’s OV and PRV levels place him or her in an intermediate sanction cell, the court must sentence the offender to an intermediate sanction (which may include a jail term of 0-12 months or the cell maximum, whichever is less).
An OWI 3rd conviction carries the following penalties:Important: An OWI 3rd conviction, under the statute, requires that a person convicted of OWI 3rd shall serve at least 30 days in jail. Nearly every person convicted of an OWI 3rd offense in Wayne County will serve 30 to 45 days in the county jail, and Oakland county offenders may face even more jail time. The maximum amount of time that a person can spend in jail is capped at 1 year.
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