2nd and 3rd Offense DUI

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The criminal attorneys at Krupp Law offices PC can answer your questions with straight talk and honest advice about your DUI arrest for a reasonable fee.  Considering the potential penalties for a DUI conviction, it is extremely important to retain our experienced DUI defense attorneys.  Call today!

If you are charged with DUI 2nd or 3rd Offense, The prosecutor has to first prove the prior convictions. This  is usually done by the prosecutor introducing a copy of your driving transcript.  If you have out-of –state convictions this can be difficult.  Next, the prosecutor must prove the underlying DUI charge.  Those elements are as follows:

1.  That the defendant was operating a motor vehicle.  Operating means driving or having actual physical control of the vehicle.

2.  That the defendant was operating a vehicle on a highway or other place open to the public or generally accessible to motor vehicles.

3.  That the defendant was operating the vehicle in the county you are charged.

4.  The Defendant was intoxicated.   To prove that the defendant operated a motor vehicle while intoxicated, the prosecutor must also prove beyond a reasonable doubt that the defendant was [either] under the influence of alcohol1 while operating the vehicle [or that the defendant operated the vehicle with a bodily alcohol level of 0.08 grams or more per 100 milliliters of blood / 210 liters of breath / 67 milliliters of urine] .2

“Under the influence of alcohol” means that because of (2) drinking alcohol, the defendant’s ability to operate a motor vehicle in a normal manner was substantially lessened. To be under the influence, a person does not have to be what is called “dead drunk,” that is, falling down or hardly able to stand up. On the other hand, just because a person has drunk alcohol or smells of alcohol does not prove, by itself, that the person is under the influence of alcohol. The test is whether, because of drinking alcohol, the defendant’s mental or physical condition was significantly affected and the defendant was no longer able to operate a vehicle in a normal manner.

If you are convicted of DUI 2nd or 3rd Offense, the sanctions are as follows:

SECOND OFFENSE (Any combination, second offense within seven years):

OWI (Operating While Intoxicated)

$200 to $1,000 fine and one or more of the following:

Five days to one year in jail.

30 to 90 days community service.

Driver license denial/revocation for a minimum of one year.

License plate confiscated.

Vehicle immobilization 90 to 180 days unless vehicle is forfeited.

Possible vehicle forfeiture.

Six points on driver record.

$1000 Driver Responsibility Fee for two consecutive years.

OWVI (Operating While Visibly Impaired)

$200 to $1,000 fine and one or more of the following:

Five days to one year in jail.

30 to 90 days community service.

Driver license denial/revocation for a minimum one year.

License plate confiscation.

Vehicle immobilization 90 to 180 days unless vehicle is forfeited.

Possible vehicle forfeiture.

Four points on driver record.

$500 Driver Responsibility Fee for two consecutive years.

THIRD OFFENSE (Any combination, third offense within lifetime (felony)):

OWI (Operating While Intoxicated)

$500 to $5,000 fine and either:

One to five years imprisonment.

Probation with 30 days to one year in jail.

60 to 180 days community service.

Driver license denial/revocation for a minimum five years.

License plate confiscation.

Vehicle immobilization one to three years unless vehicle is forfeited.

Possible vehicle forfeiture.

Registration denial.

Six points on driver record.

$1000 Driver Responsibility Fee for two consecutive years.

OWVI (Operating While Visibly Impaired)

$500 to $5,000 fine and either:

One to five years in prison.

Probation with 30 days to one year in jail.

60 to 180 days community service.

Driver license denial/revocation for a minimum of five years.

License plate confiscation.

Vehicle immobilization one to three years unless forfeited.

Possible vehicle forfeiture.

Registration denial.

Four points on driver record.

$500 Driver Responsibility Fee

When you need a Grand Rapids Criminal Defense Attorney, remember to call Krupp Law Offices PC for fast honest advice about your criminal problems and get honest advice about your options.  Krupp Law Offices represents clients in cases throughout West Michigan, including the cities of Grand Rapids, Big Rapids, Ionia,  Grand Haven, Stanton, Greenville, Wayland, Allegan, Holland, Newaygo, White Cloud, Fremont, Coopersville, Hastings, Middleville, Wyoming, and Rockford, including Kent County, Ottawa County, Newaygo County, Ionia County, Mecosta County, Barry County, Montcalm County, and Allegan County, Michigan.

Call for a free phone consultation.  Our office can help.

KRUPP LAW OFFICES PC
161 Ottawa NW Suite 404
Grand Rapids MI 49503
616-459-6636 or mail@krupplaw.com

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