{"id":4277,"date":"2023-08-16T09:34:05","date_gmt":"2023-08-16T09:34:05","guid":{"rendered":"https:\/\/wordpress-195849-4032129.cloudwaysapps.com\/3rd-offense-dui-operating-while-intoxicated-in-michigan-the-fundamentals\/"},"modified":"2024-11-14T09:54:21","modified_gmt":"2024-11-14T14:54:21","slug":"3rd-offense-dui-operating-while-intoxicated-in-michigan-the-fundamentals","status":"publish","type":"post","link":"https:\/\/www.randalawyers.com\/blog\/3rd-offense-dui-operating-while-intoxicated-in-michigan-the-fundamentals\/","title":{"rendered":"How to Avoid Jail Time for a 3rd DUI Offense in Michigan"},"content":{"rendered":"<style>.embed-container { position: relative; padding-bottom: 56.25%; height: 0; overflow: hidden; max-width: 100%; } .embed-container iframe, .embed-container object, .embed-container embed { position: absolute; top: 0; left: 0; width: 100%; height: 100%; }<\/style>\n<div class=\"embed-container\"><iframe src=\"https:\/\/www.youtube.com\/embed\/g2AILedu8fA\" frameborder=\"0\" allowfullscreen=\"allowfullscreen\"><\/iframe><\/div>\n<p>Everyone knows that a 3rd offense DUI charge (the proper term in Michigan is \u201cOperating While Intoxicated,\u201d or \u201cOWI,\u201d for short) is serious. Unlike a first DUI, there are harsh penalties.<\/p>\n<p>Most people are also aware that a 3rd offense is a felony and that the possible punishment is significantly worse than for a 2nd offense DUI. This article will NOT be some scare tactic, fear-based marketing piece about all that.<\/p>\n<p>Instead, we\u2019re going to look at how and why, despite what\u2019s at stake, a third time, felony DUI charge shouldn\u2019t be handled any differently than either a first DUI or second offense DUI case, and how a person can avoid jail.<\/p>\n<p>For everything we\u2019re going to cover, the simple fact is that my team and I, as DUI attorneys, know that the very <a href=\"https:\/\/www.randalawyers.com\/blog\/dui-success\/\">best legal defense<\/a> almost always comes down to the fundamentals. The very finest practitioners of anything must first excel in the fundamentals.<\/p>\n<p>Consider any professional athlete: He or she runs, catches, throws, or does whatever with practiced skill and otherwise excels in all the basics, meaning the fundamentals of his or her sport. In that same way, the finest musicians get to the top of their craft by years and years of practicing the basic, fundamental stuff.<\/p>\n<h2>Operating a Vehicle While Intoxicated in Michigan<\/h2>\n<p>Every DUI case &#8211; whether a 1st, 2nd, or 3rd offense &#8211; is based upon the simple, fundamental allegation that someone operated a motor vehicle with a bodily alcohol content of more than allowed by law. In Michigan, that means a person is \u201cover the limit\u201d if his or her <a href=\"https:\/\/www.michigan.gov\/msp\/divisions\/ohsp\/safety-programs\/impaired-driving\/impaired-driving-law\" target=\"_blank\" rel=\"noopener noreferrer\">BAC is .08 or higher<\/a>.<\/p>\n<p><strong>Every DUI case is based on evidence.<\/strong> What are the facts that support the charge? The very first thing any criminal defense attorney should do is investigate all the evidence and facts when defending someone.<\/p>\n<p>To be convicted of a DUI in Michigan, the prosecutor must be able to prove a person had a blood alcohol content of .08 or greater or that he or she was otherwise impaired while operating a vehicle. If not, then the person is not guilty of DWI.<\/p>\n<p>Thus, the evidence in EVERY DUI case should be put under the microscope. A good DUI lawyer will carefully examine every last shred of it.<\/p>\n<p>This included verifying that there was probable cause to make a traffic stop or otherwise investigate someone, how the field sobriety tests were conducted, and whether or not the breathalyzer and\/or blood tests to determine the alleged DUI offender\u2019s blood alcohol content (BAC) were administered and analyzed properly.<\/p>\n<p>Of course, any good DUI attorney knows that having a lower blood alcohol content at the time of a DUI arrest is always better than having one that is higher. In the real world, however, that\u2019s usually not the case in most 3rd offense DWI cases. Most third-time offenders usually test out with a higher, rather than a lower BAC.<\/p>\n<p>To be sure, the sense of urgency when one is facing a felony DUI 3rd offense charge is strong, but that doesn\u2019t change the fact that the best-case results are almost always obtained by carefully applying <em>the fundamentals<\/em> of DUI defense.<\/p>\n<h2>Jail Time Consequences for a 3rd DUI<\/h2>\n<figure><img decoding=\"async\" src=\"https:\/\/assets.gathercontent.com\/NzU2NzA\/fs80iHt6HkfOkG00?ar=1440%3A961&amp;auto=compress&amp;crop=focalpoint&amp;fit=crop&amp;fp-x=0.5&amp;fp-y=0.5&amp;fp-z=1&amp;w=1440&amp;s=8d5dd1b7f8e86d6ef7647b82fd622f85\" alt=\"infographic showing the cycle of consequences for a 3rd DUI\" data-instance-id=\"b6f99c9b-c2d6-4ccb-823b-6c843486a3f5\" \/><\/figure>\n<p>First, let\u2019s get the scary-sounding legal stuff out of the way. Here are some of the most important potential penalties for Operating While Intoxicated (OWI) 3rd offense:<\/p>\n<ul>\n<li>1 to 5 years imprisonment, or<\/li>\n<li>Probation with no less than 30 days to 1 year in jail<\/li>\n<li>Mandatory community service of up to 180 hours<\/li>\n<li>A fine from $500 to $5000<\/li>\n<li>6 points added to the driver\u2019s record<\/li>\n<li>If the 3rd offense charge occurs within 7 years of a prior DUI, or within 10 years of 2 prior DWI convictions, the driver\u2019s license will be revoked.<\/li>\n<li>License plate confiscated<\/li>\n<li>Vehicle registration denial<\/li>\n<\/ul>\n<p>There are other possible consequences, as well, but our focus here is on <em>how to avoid them<\/em>.<\/p>\n<p>It is important to note that <a href=\"https:\/\/www.randalawyers.com\/blog\/the-right-michigan-dui-lawyer-can-make-things-better\/\">our firm<\/a> has handled many 3rd offense DUI charges where the evidence was solid, and yet we still managed to keep our client from doing ANY jail time. There are plenty of ways to do that.<\/p>\n<p>Fortunately, such results are NOT that rare, either. That said, when my team and I manage to keep a client facing a <a href=\"https:\/\/www.randalawyers.com\/blog\/3rd-third-offense-dui\/\">3rd offense DUI<\/a> from getting locked up, it is always, and without exception, the result of good legal work, concentrated in the fundamentals.<\/p>\n<h2>How to Avoid Jail Time After a 3rd Offense DUI<\/h2>\n<p>In fact, one of the most important \u2013 and, unfortunately, most overlooked \u2013 such fundamental aspects of properly handling a DUI case is the <a href=\"https:\/\/www.randalawyers.com\/blog\/its-better-to-have-a-whole-dui-team-protecting-you\/\">lawyer\u2019s mindset<\/a>. This is NOT some self-promotional BS about how we\u2019re better than anyone else, but rather a significant truth that can have a huge and positive impact on every 3rd offense DUI case and every other DUI case, as well.<\/p>\n<h3>Your Defense Lawyer&#8217;s Mindset Will Make or Break Your 3rd DUI Case<\/h3>\n<p>Any lawyer who takes on a 3rd offense DUI charge MUST begin with the idea that there is a way to beat the case. It is imperative that he or she start off evaluating the evidence with a solid determination to find a way out of the charge.<\/p>\n<p>The \u201ccatch,\u201d however, is that no matter how much a lawyer (or anyone else, for that matter) examines the facts, they are what they are.<\/p>\n<p>In other words, even though the lawyer is absolutely determined to find a way to get a 3rd offense DUI charge (or any <a href=\"https:\/\/www.randalawyers.com\/blog\/dui-quick-start-from-a-michigan-attorney\/\">DUI charge<\/a>, for that matter) dismissed, he or she can\u2019t change the facts of what happened.<\/p>\n<p>Ultimately, there is either a way to get the case tossed out of court &#8211; or not. Unfortunately for anyone facing a 3rd offense drunk driving charge, the simple truth is that most of the time, DUI cases do NOT get dismissed outright. That shouldn\u2019t be a surprise.<\/p>\n<h3>Is There Evidence That Can be Dismissed in Your DUI Case?<\/h3>\n<p>Without a doubt, one of the biggest mistakes many lawyers make when defending a DUI charge is to merely \u201clook over\u201d <a href=\"https:\/\/www.randalawyers.com\/blog\/the-3-most-likely-ways-to-beat-a-michigan-dui-case\/\">the evidence<\/a>.<\/p>\n<p>Essentially, that means they\u2019re only looking to see if anything jumps out at them. That is NOT how things should be done. This is all the more true for someone facing a 3rd DUI offense after 2 or more prior drunk driving convictions.<\/p>\n<p>In fact, without a strong determination to find enough problems with the evidence to get the person out of the charge, anyone examining it is at risk for what\u2019s called \u201cconfirmation bias.\u201d This means that he or she is likely to follow the police narrative that supports the charge rather than looking deeper for those details that can be used to <a href=\"https:\/\/www.randalawyers.com\/blog\/finding-the-right-lawyer-for-a\/\">fight it<\/a>.<\/p>\n<p>Accordingly, an experienced DUI attorney must start out with the belief that somewhere, there are enough inconsistencies or other problems with the evidence to either beat the case or at least help drive a better outcome. A good DUI lawyer must always be conscious that his or her job is to keep looking until those kinds of things are found.<\/p>\n<p>Whatever else, when a DUI case does get dismissed, it\u2019s not an accident. It only happens when <a href=\"https:\/\/www.randalawyers.com\/blog\/the-first-thing-you-should-do-after-a-dui-arrest\/\">the lawyer<\/a> works hard to find a way out.<\/p>\n<h3>How to Find a Way Out of Jail Time after a 3rd DUI: An Analogy<\/h3>\n<figure><img decoding=\"async\" src=\"https:\/\/assets.gathercontent.com\/NzU2NzA\/r66duYdgRzH6RL7q?ar=1440%3A961&amp;auto=compress&amp;crop=focalpoint&amp;fit=crop&amp;fp-x=0.5&amp;fp-y=0.5&amp;fp-z=1&amp;w=1440&amp;s=f33560fb1237003545a65a69f49f9def\" alt=\"hands touching through jail bars\" data-instance-id=\"a9f45621-b652-487c-bcd9-06d76ea959ea\" \/><\/figure>\n<p><strong>Here is my favorite analogy on this point:<\/strong><\/p>\n<p>In lots of movies and TV shows, someone is in a car that crashes into the water and starts sinking. Of course, the person inside begins scrambling to get out.<\/p>\n<p>Now, imagine that happening to you. You first unfasten your seat belt and then try the door. The water pressure, though, makes it impossible to open, at least at that moment. Do you just sit there, then, waiting to die, content that you looked for a way out but didn\u2019t find one?<\/p>\n<p>Of course not!<\/p>\n<p>Instead, you do everything you can to escape. You may quickly realize that there is no obvious way out, but you don\u2019t just give up. You\u2019ll kick and push and do everything possible to find a way out because your life depends on it.<\/p>\n<p>The same approach is fundamental to the proper handling of any DUI case, especially a 3rd offense DUI charge. In that context, a DUI lawyer must always look much deeper the obvious.<\/p>\n<h3>A Law Firm That Goes Beyond the Basics Gets YOU Out of Jail<\/h3>\n<p>As we noted earlier, the starting point for all DUI cases is evidence. It\u2019s now 2023, and every police vehicle is <a href=\"https:\/\/www.legislature.mi.gov\/(S(abt2myxneyey2swfj0uql0bq))\/mileg.aspx?page=GetObject&amp;objectname=mcl-257-708b\" target=\"_blank\" rel=\"noopener noreferrer\">equipped with a dashcam<\/a>. Many law enforcement agencies also utilize body-cam video equipment.<\/p>\n<p>It is a fundamental step in the proper handling of a DUI case that the lawyer should carefully examine all such relevant videos. It goes without saying that, given the stakes, this is all the more true when one is facing a 3rd offense DUI charge.<\/p>\n<p>Early on, I noted that my team and I have kept many of our clients facing a 3rd offense DUI charge <a href=\"https:\/\/www.randalawyers.com\/blog\/3rd-offense-dui-operating-while-intoxicated-in-michigan-the-fundamentals\/\">out of jail<\/a>, even when the evidence has been solid. It is just a fact that most DUI cases are not so catastrophically screwed up by the police that they\u2019ll just be completely thrown out of court.<\/p>\n<p>In those cases, we use everything we find to help drive a better case result.<\/p>\n<h2>Why Work With Jeffrey Randa and Associates?<\/h2>\n<p>Success in a DUI case is always best measured by <a href=\"https:\/\/www.randalawyers.com\/dui-success.html\" target=\"_blank\" rel=\"noopener noreferrer\">what does NOT happen to you<\/a>. My team and I believe in that so strongly that it\u2019s one of our firm\u2019s mottos and operating principles. Avoiding as many of the legal penalties and negative consequences as possible is what must be done in every drunk driving case that cannot be otherwise \u201cknocked out.\u201d<\/p>\n<p>The fundamental goal in a DUI case that won\u2019t be dismissed is to avoid as much punishment as possible. A lot goes into doing that, and it certainly requires more than just telling the Judge that it won\u2019t happen again.<\/p>\n<p>We, the client and the lawyers, will have a lot of work to do to get the best (as in the most lenient) outcome.<\/p>\n<p>You can talk to a clergyperson to save your soul or a counselor to save your mind, but our job is to save your a$$. Of course, we often refer our clients to a treatment program with one of OUR substance abuse counselors in order to help us do just that.<\/p>\n<p>My team and I honestly believe that the attorney-client relationship should be collaborative, with the primary goal of producing the very best (meaning the most lenient) outcome possible.<\/p>\n<h3>Testimonials<\/h3>\n<blockquote><p>\u201cI wish I could give 10 stars, because they got my entire DUI case dismissed. What more could you ask for?\u201d \u2013 Ben H.<\/p><\/blockquote>\n<blockquote><p>\u201cEvery time I called, I got an immediate answer to my question. I\u2019d send emails at night, thinking I\u2019d get a reply the next day, and minutes later, Jeff would reply. I had a second DUI, and my lawyers did a great job and made sure I didn\u2019t lose my license. I highly recommend this law firm!\u201d &#8211; Lisa J.<\/p><\/blockquote>\n<blockquote><p>\u201cThank you so much for winning my case. I would highly recommend your service to anyone who needs it.\u201d &#8211; Mark<\/p><\/blockquote>\n<h2>Get Legal Advice If You Are Facing a 3rd Offense DUI in Michigan<\/h2>\n<p>My team and I know all the nuances of DUI law, but we never forget that good work is the key to producing the best results, and that always begins with careful attention to the fundamentals.<\/p>\n<p>If you\u2019re facing a 3rd offense DUI charge and looking for a lawyer, be a wise consumer and read around. Pay attention to how different lawyers examine the DUI process and how they explain their various approaches to it.<\/p>\n<p>After you\u2019ve done enough reading, start calling around. You can learn a lot by speaking with a live person, and that\u2019s exactly what you\u2019ll get with our office. My team and I are very friendly people who will be glad to answer your questions and explain things.<\/p>\n<p><strong>We always offer a <a href=\"https:\/\/www.randalawyers.com\/contact-us\/\">free consultation<\/a> that is also confidential, and, best of all, done over the phone &#8211; right when you call.<\/strong> We never use any tactics to pressure someone into hiring us. Instead, we always suggest that you call around and speak with different law firms. As part of that, we\u2019ll also invite you to call us back and compare notes with anything some other lawyer has told you.<\/p>\n<p><strong>We can be reached Monday through Friday, from 8:30 a.m. until 5:00 p.m. (EST), at <\/strong><a href=\"tel:248-247-7995\"><strong>248-247-7995<\/strong><\/a><strong> or <\/strong><a href=\"tel:586-300-4347\"><strong>586-300-4347<\/strong><\/a><strong>.<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Everyone knows that a 3rd offense DUI charge (the proper term in Michigan is \u201cOperating While Intoxicated,\u201d or \u201cOWI,\u201d for short) is serious. Unlike a first DUI, there are harsh penalties. Most people are also aware that a 3rd offense is a felony and that the possible punishment is significantly worse than for a 2nd [&hellip;]<\/p>\n","protected":false},"author":4,"featured_media":7754,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[29],"tags":[],"class_list":["post-4277","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-dui"],"acf":[],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/www.randalawyers.com\/wp-json\/wp\/v2\/posts\/4277","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.randalawyers.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.randalawyers.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.randalawyers.com\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/www.randalawyers.com\/wp-json\/wp\/v2\/comments?post=4277"}],"version-history":[{"count":4,"href":"https:\/\/www.randalawyers.com\/wp-json\/wp\/v2\/posts\/4277\/revisions"}],"predecessor-version":[{"id":8057,"href":"https:\/\/www.randalawyers.com\/wp-json\/wp\/v2\/posts\/4277\/revisions\/8057"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.randalawyers.com\/wp-json\/wp\/v2\/media\/7754"}],"wp:attachment":[{"href":"https:\/\/www.randalawyers.com\/wp-json\/wp\/v2\/media?parent=4277"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.randalawyers.com\/wp-json\/wp\/v2\/categories?post=4277"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.randalawyers.com\/wp-json\/wp\/v2\/tags?post=4277"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}