Felony Drunk Driving - OWI 3rd Offense
A third offense for drunk driving under Michigan law, regardless of the number of years, is a felony that generally carries either 1 to 5 years in prison or 30 days to a year in a county jail. As set forth in MCL 257.625:
If the violation occurs after 2 or more prior convictions, regardless of the number of years that have elapsed since any prior conviction, the person is guilty of a felony and shall be sentenced to pay a fine of not less than $500.00 or more than $5,000.00 and to either of the following:
(i) Imprisonment under the jurisdiction of the department of corrections for not less than 1 year or more than 5 years.
(ii) Probation with imprisonment in the county jail for not less than 30 days or more than 1 year and community service for not less than 60 days or more than 180 days. Not less than 48 hours of the imprisonment imposed under this subparagraph shall be served consecutively.
(d) A term of imprisonment imposed under subdivision (b) or (c) shall not be suspended.
(e) In the judgment of sentence under subdivision (a), the court may order vehicle immobilization as provided in section 904d. In the judgment of sentence under subdivision (b) or (c), the court shall, unless the vehicle is ordered forfeited under section 625n, order vehicle immobilization as provided in section 904d.
(f) In the judgment of sentence under subdivision (b) or (c), the court may impose the sanction permitted under section 625n.
It has been seven years since the provisions of "Heidi's Law" were signed into law, where Michigan uncapped the 10 year look back period for felony enhancement.
