By Attorney James Czarnecki|Czarnecki & Taylor PLLC|NOV 9,2022

A Michigan third offense OWI felony is a serious charge that can have severe consequences for those convicted. If someone has two or more prior drinking and driving offense when arrested for another OWI, they will be charged with a felony.

Like other OWI offenses, a Michigan third offense felony has harsh penalties, including mandatory jail time, steep fines, and driver’s license revocation, vehicle immobilization and more. Those convicted of a felony may face severe consequences, such as difficulty finding employment or housing because of their criminal record.

Why does Michigan take these charges so seriously? One reason is that driving under the influence poses a significant risk to public safety, putting both drivers and pedestrians at risk of serious injury or death. Repeat offenders are flagrant violators of Michigan’s drunk driving laws.

If you are charged with a Michigan third offense OWI felony, it is important to seek legal counsel as soon as possible. A qualified criminal defense attorney can help guide you through the complex legal process and advocate on your behalf in court. With the help of an experienced lawyer, you can protect your rights and future possibilities from being undermined by a conviction.

Will you spend 5 years in prison for a Michigan OWI third offense felony?

A Michigan OWI 3rd offense is a felony punishable by up to 5 years in prison. However, based on the Michigan Sentencing Guidelines, it is unlikely that a court would sentence someone to prison. It’s not that it isn’t possible, it’s just unlikely. Before sentencing, the court will consider several factors before imposing a sentence. A look at the sentencing guidelines helps you understand why a sentence for Michigan OWI third offense felony could result with you spending five years in prison.

A judge will typically consider several factors when sentencing someone for a third offense, OWI. These factors can include the severity of the individual’s prior offenses, any aggravating or mitigating circumstances of their most recent offense, and the overall danger that they may pose to public safety. Judges often consider whether the individual has accepted responsibility for their actions and is pursuing treatment or other rehabilitative measures to address their underlying issues contributing to their alcohol use disorder.

Why is an OWI third charged as a felony?

The average Michigan OWI 3rd Offender does not have a prior felony record. However, they certainly have two prior misdemeanor convictions. Michigan law classifies an OWI 3rd offense as a felony because it is a person’s third drinking and driving offense. “Heidi’s law” states that someone can be charged with a felony for three or more drinking and driving offenses accumulated in one’s lifetime.

A first offense can be charged as a felony if the defendant caused the serious injury or death of another person while driving drunk.

Penalties for an OWI felony offense.

Maximum prison sentence One to five years (up to 15 years for death or injury) Jail time mandatory minimum 30 days in county jail Fines $500 to $5000 Driver’s license Suspended or revoked Vehicle immobilization one to three years unless forfeited to the prosecutor’s office License plate confiscated Registration application at SOS denied

Penalties for a Michigan third offense OWI third offense felony

People that cause the injury or death of someone could face fifteen years in prison.

Although prison is not likely, the law mandates a 30-Day minimum jail sentence

Michigan law requires that a person convicted for OWI 3rd must serve at least 30 consecutive days in jail. The courts do not have a choice. In Macomb and Wayne counties, nearly all OWI 3rd offenses will result in a sentence of 30 to 45 days in the county jail. Offenders sentenced in Oakland County may be subject to even longer sentences. This is not prison. A person cannot spend over one year in the county jail.

Other penalties for an OWI third conviction.

A conviction for a felony will negatively impact your life. Most significantly, a felony conviction can make it difficult to get employment.

A felony conviction will have other consequences, including the loss of your driver’s license and gun rights.

A person convicted of a felony can’t own or possess firearms. To prevent the defendant’s possession of firearms, those living in the same household would have to move them.

The SOS will indefinitely revoke driving privileges for someone convicted of OWI 3rd offense, with a minimum of one year for two convictions with seven years. If the third offense occurs within ten years of each other, the revocation will last five years. Driving is not permitted during revocation. To restore driving privileges, you will have to appeal your revocation to the OHAO division of the SOS after the revocation expires.

Can you avoid a third offense felony conviction?

Yes. a Michigan OWI third offense felony can be reduced to a misdemeanor OWI second offense in several jurisdictions. In Wayne County, for instance, the prosecutor will typically ask the defendant to agree to a 60-90-day sentence in jail and to enter a qualified sobriety program. In exchange for the dropping of the felony, the person will have to serve a longer sentence in jail.

In Macomb County, the felony offense can be reduced in the same way and may even avoid a jail sentence. Several factors impact an attorney’s ability to get that deal for you.

List of Important Factors

A criminal case has many variables that influence its outcome. Here are some important considerations when resolving an OWI third offense.

• Policy of the prosecutor’s office handling the case
• Sentencing practices of the judge assigned to the case
• The defendant’s criminal history 
• Whether anyone suffered an injury in an accident.
• If the defendant has taken any proactive steps (AA, counseling)
• Whether there are defenses, such as problems with traffic stops, testing procedures, etc.
• Legal grounds may allow for suppression of evidence
• In any criminal case, the most important factor is whether the prosecution can prove their case beyond reasonable doubt. 

Where your case is located makes a difference.

Some Michigan counties won’t reduce a felony drunk driving offense. Other county prosecutors, however, are negotiable. But, they are selective in the cases they will reduce to a misdemeanor.   

You want to avoid a felony, and that is our goal. A jail sentence is not as bad as a felony conviction on your record. A felony record will follow you for the rest of your life. Even though a sentence of probation or jail will end, a felony drunk driving conviction will follow you.  

No matter the county your case is located, we take a proactive approach to felony drunk driving defense. To aggressively work to get the felony dismissed, our attorneys might suggest in-patient rehabilitation, counsel, voluntary daily testing, and maybe even an interlock device. While some suggestions may seem extreme, remember we have little room to work with in a felony drunk driving case. Enrollment in a sobriety court might be an option to get the felony reduced. There is no room for error. By taking our suggestions, we can gain credibility with the courts and prosecutors.  

Again, felony drunk driving cases can be difficult depending on the jurisdiction where your case is located. While some prosecutors rarely reduce a felony case, some prosecutors will work with defense attorneys to reach a misdemeanor resolution.

Again, some prosecutor office have “policies” that will not allow for plea deals on these cases. Often, they simply say, “just set it for trial.” However, many prosecutors do not want to try an OWI case.

Prosecutors treat OWI cases harshly involving accidents, injuries to other people, extremely high blood alcohol content, and rude behavior towards the police. However, even in the most difficult jurisdictions, there might be an opening to get the felony reduced.  ​

​At Czarnecki & Taylor, we don’t settle. We want to get the best results for you, and that involves creating leverage for our negotiations. We create leverage by proactively attacking the negative perception the prosecutor or judge has about you because of this offense. 

As experienced criminal defense lawyers, we expect the negative perceptions held by the courts and prosecutors. We work to change that perception by information positive information about you. This just doesn’t involve talking about you, but also showing what you have done to address potential alcohol problems and being proactive to prevent this offense from happening again. The information is the product of action, beginning with a substance abuse evaluation to following through with their recommendations.

If we can turn this negative situation into a positive one, we can make progress in your case. By changing the negative perception, we control the outcome of your case. By working to overcome the drunk driver stigma through proactive action such as counseling, you show how seriously you are treating this case. By attending counseling, alcohol highway safety classes, AA attendance, before being ordered to do so, we proactively work to change the prosecutor’s policy of “no negotiations.”  

This is how our attorneys create negotiating leverage. For over two decades, we’ve used this strategy to weaken even the hardest prosecutor’s stance to get felony drunk driving cases reduced to misdemeanors. We’ve saved people’s careers, educational opportunities, and more by avoiding a felony. While prosecutors justifiably take harsh stances, we can help them feel better about changing their mind about you by being proactive.

Being proactive can lead to better deals from prosecutors and better sentences from the judge. Aside from creating leverage outside of the courtroom, we also work to see if you we can attack your case to make it easier to get the results you need.

Because of the severe penalties associated with a Michigan OWI felony, you need an experienced legal team that understands the law and scientific aspects of a drunk-driving charge.

At our Czarnecki & Taylor, we have decades of experience defending clients against third offense OWI charges, and we know what it takes to help you achieve the best possible outcome in your case.

At our Michigan law firm, we understand the unique challenges that come with a third offense OWI charge. We have represented clients facing the “average” third offense to multiple cases of felony OWI cases charged as second-degree murder. Our team is committed to providing comprehensive legal representation for all of our clients facing felony drunk driving.

Our lawyers are well-versed in Michigan drunk-driving laws and the science behind breathalyzer tests and field sobriety evaluations . We know how to challenge the evidence against you and build a vigorous defense that can help achieve a positive outcome in your case. Whether this is your first offense or your third, our team is here to help you navigate this difficult legal process and protect your rights throughout every step of the way. We have successfully defended people when they admitted they were drunk driving . There are other ways to get your OWI dismissed .

As mentioned earlier, a felony OWI can carry some serious penalties, including jail time and hefty fines. However, there may be ways to get your felony OWI reduced to a misdemeanor. One option is to file a deviation request with the prosecutor’s office.

This process involves working closely with your lawyer to provide evidence that supports your request for a reduction. This might include things like attendance at counseling, AA attendance, work history, family background, medical issues, and other mitigating circumstances. Once we draft the deviation request, we submit this information to the prosecutor. The prosecutor will review it and decide whether they will reduce your felony to a misdemeanor.

Our attorneys helped many clients get their felony drunk driving charge reduced to a misdemeanor. A misdemeanor offense does not require mandatory jail time nor carry the stigma of being a felony. We have obtained sentence agreements for the minimum sentence, which is 30 days in the county jail with probation or community service.  Other times we can have the court impose the 30 days on weekends or delay the sentence until the end of probation.

Trial defense.

If none of the options described earlier are available, or if you choose, we will go to trial. With the help of our skilled criminal defense attorneys, your case will be taken to trial and fought aggressively on your behalf. Whether you are looking for a plea deal or full acquittal from a jury, our team has the experience and skills needed to give you the best chance for success.

At our Czarnecki & Taylor, we understand what’s at stake in drunk driving cases and know how crucial it is to have an aggressive defense team on your side. Our lawyers are highly experienced in Michigan law and will work to build a strong case on your behalf. We will examine all aspects of your arrest and challenge any evidence that may be used against you, including breathalyzer tests and eyewitness accounts.

If you are facing a third offense OWI charge, contact our defense team today. We will fight on your behalf to give you the chance you deserve for a positive outcome in your case. With our help, your rights will be protected every step of the way. What you should expect during your consultation .

Whether you have been charged with a misdemeanor or felony drunk driving, our experienced attorneys will work to advocate and help you achieve the best possible outcome in your case. One quality that sets Czarnecki & Taylor apart from other firms is our ability to handle complex cases that require specialized knowledge and experience. Our firm’s impressive track record for success and aggressive Michigan criminal defense is unparalleled for achieving exceptional results. Czarnecki & Taylor has a well-earned reputation among judges, courts, city attorneys, prosecutors, police, and other defense attorneys for defending our clients.

Contact Czarnecki & Taylor to receive a free consultation. We offer same-day, evening, and weekend appointments. Call us at 24/7 365 at (586) 718-2345 or use the contact form to send us a detailed description of your case.