Ann Arbor Felony DWI Attorneys

25+ Years of OWI Defense in Washtenaw County and Southeast Michigan

In 2007, Michigan enacted “Heidi’s Law,” which makes a felony of any OWI arrest if the driver has two or more OWI / OWVI convictions in his or her LIFETIME. So, drivers are often charged with Felony OWI even if they have not been arrested for ten or twenty years.

Felony OWI means mandatory jail or prison, fines and fees, a criminal record, and loss of driver’s license. For those facing the consequences of felony drunk driving charges in Ann Arbor or Southeast Michigan, retaining an experienced OWI defense lawyer is a vital step in protecting one’s driving record and freedoms.

Also, if a person is injured or killed by a driver accused of OWI / OWVI, the driver will likely face felony charges, even with no prior arrests on his record.

Our DWI Defense Team: Decades of Experience, Thousands of Cases, Reputation for Results

Geherin Law Group has over 25+ years of criminal trial experience, thousands of cases fought on behalf of our clients, and a reputation for results that is verifiable and recognized in legal circles across Michigan. We work hard, research exhaustively, prepare thoroughly and execute aggressively to protect our clients’ rights both in and out of court. We also have OWI and OWVI legal specialists and investigators who can help with these types of convictions.

Find out more about our personal and professional commitment to excellence in DWI / OWI defense. Contact GLG for a free consultation as soon as possible after your arrest. Call or e-mail us 24 hours.

Our law office is located in Ann Arbor just off I-94 near Briarwood Mall, and we handle OWI cases throughout Southeastern Michigan. Otherwise, we can meet with you at a police station or jail cell, if necessary.

Drunk Driving Penalties in Michigan for 2nd and 3rd Offenses

A second OWI conviction can result in penalties that include:

Mandatory Jail time
Revocation of Driving Privileges
Fines and Responsibility Fees in the thousands of dollars
Community service
Mandatory vehicle immobilization
Ignition interlock system during probation

A third conviction for drunk driving would be often charged as a felony, accompanied by punishments such as:

Prison — one to five years
Revocation of Driving Privileges, often for a minimum of five years
Probation with jail — 30 days to a year
Fines — $500 to $5,000
Community service — 60-180 days
Ignition interlock system during probation
Mandatory vehicle immobilization during probation

If these possible convictions aren’t enough, one who faces these charges will suffer through Michigan’s points system on your driving record, as well as a loss of one’s driver’s license. Another consequence of these charges is possible loss of the ability to purchase auto insurance.

Frequently Asked Questions on Felony DUI in Ann Arbor, MI

Below are the answers to some of the common questions our clients have for our Ann Arbor drunk driving defense attorneys when they face felony DUI charges.

How does a felony DUI differ from other DUI offenses?

Felony DUIs in Michigan differ from other OWI offenses because a felony offense results from a prior history of OWI convictions or aggravating circumstances in the current felony DUI offense. Here are some circumstances in which a driver may face prosecution for felony DUI:

Operating a vehicle while intoxicated or while visibly impaired (OWI/OWVI) and causing an accident that results in the death or severe injury of another person
Committing an OWI or OWVI with a passenger under 16 in the vehicle within seven years of a prior conviction or after two prior convictions
Having two or more OWI/OWVI convictions
Lending a vehicle to a driver who committed OWI or OWVI while causing an accident resulting in severe injury or death

Will I have to go to prison for a felony DUI in Ann Arbor, MI?

Felony DUI carries a mandatory minimum sentence of one year in prison, with a maximum sentence of five years. A felony DUI resulting in serious injury also carries a maximum sentence of five years (or 10 years with a high BAC within seven years of a prior conviction), while causing an accident resulting in another person’s death can impose a prison sentence of up to 15 years (or 20 years with a high BAC within seven years of a prior conviction). Hiring an experienced DUI defense attorney to represent you in a felony DUI case can help you mitigate the potential harsh consequences of a conviction.

Will I lose my driver’s license after a felony DUI conviction?

In most cases, a conviction for felony DUI in Ann Arbor results in the revocation of your driver’s license. Unlike a license suspension, which allows you to obtain a restricted license permitting you to drive for limited purposes, a revocation will require you to wait a specific period before applying for reinstatement of your driver’s license.

Can I get a felony DUI charge reduced to a misdemeanor in Ann Arbor?

In limited circumstances, you might have a felony DUI charge reduced to a misdemeanor OWI or OWVI. Potential strategies for working with your lawyer to pursue a reduction in the grading of a felony DUI include:

Proving that your record does not have two or more prior intoxicated driving convictions
Proving that your passenger(s) were older than 16
Proving that you did not cause the accident

How else can I defend against a felony DUI charge in Ann Arbor?

Other defenses that an Ann Arbor OWI defense lawyer can help you present in a felony DUI case include:

Challenging the Legality of the Traffic Stop – You may seek to have the prosecution’s evidence excluded by showing that police lacked reasonable suspicion or probable cause to stop your vehicle for OWI or another traffic or criminal offense.
Challenging the Field Sobriety Test Results – In felony DUI cases based on OWVI, you may contest the officers’ testimony regarding field sobriety test results by highlighting issues such as the officer’s failure to follow testing procedures, performing the tests on uneven ground, or medical conditions like arthritis that could affect your performance.
Challenging Chemical Test Results – You may also contest the reliability of breath or blood test results by noting breaches of testing protocols or failures to calibrate testing equipment.

How long will a felony DUI conviction stay on my record in Michigan?

Michigan law does not allow drivers to set aside a felony DUI conviction. You can work with your attorney to petition to set aside only one OWI conviction. Furthermore, a felony DUI conviction resulting from the operation of a vehicle that causes severe injury or death to another person also does not qualify for expungement.

Contact GLG 24 hours for a free, confidential consultation.

You owe it to yourself, your family and future to fight for your freedom, liberty, reputation and Michigan driving privileges. We urge you to contact our Drunk driving attorneys in Ann Arbor for a free consultation. We respond promptly to your phone and e-mail messages.

Below are the answers to some of the common questions our clients have for our Ann Arbor drunk driving defense attorneys when they face felony DUI charges.