Attorney, Shaun R. Marks
Flint, MI (Law Firm Newswire) February 27, 2014 — According to Michigan criminal defense attorney Shaun R. Marks, those charged with drunk driving face higher penalties if they have prior convictions on their records.
“Penalties increase substantially after the first drunk driving offense,” says Marks. “While a first offense for an ordinary OWI carries a maximum sentence of 93 days in jail, the maximum for a second offense is one year and a third offense can bring a felony charge with up to five years imprisonment.”
That is what a Ypsilanti man is facing after police say his car entered an oncoming lane and nearly struck a police vehicle. The 38-year-old man is being charged with a felony for his third offense of operating a vehicle while intoxicated.
According to a police report, an officer was driving along Michigan Avenue when an oncoming vehicle drifted into his lane. The officer had to brake in order to avoid a collision. The police report claimed that the driver then continued traveling into the oncoming lane, and the officer turned around to pursue the vehicle and pull the driver over. According to the police report, the man stated that his erratic driving was due to a flat tire and admitted to having drunk a shot of vodka. He was arrested after performing unsatisfactorily in a roadside sobriety test. Police claim that after the driver was taken to the Saline Police Department, he submitted to a chemical test, which indicated a blood alcohol content (BAC) of 0.27 and 0.26.
In Michigan, drivers with a BAC of 0.08 or above can be charged with operating a vehicle while intoxicated, and drivers with a BAC of 0.17 and above are subject to enhanced penalties, even if they do not have a prior conviction.
“A third OWI offense is a very serious charge,” indicates Marks, who is not involved in the Ypsilanti case. “A felony charge means that the defendant faces a longer sentence if convicted, and a felony conviction creates a significant barrier to future employment. Anyone facing a drunk driving charge needs to speak with a qualified attorney, especially if there is a prior conviction involved.”
The Law Offices of Shaun R. Marks, P.C.
653 South Saginaw St #216
Flint, MI 48502
Clarkston MI 48346
Phone: (248) 620-7166
- How to Get Your Michigan Driver’s License Reinstated
If you have had your Michigan driving privileges taken away because of an impaired driving offense, you will usually have to attend an administrative hearing held by the Driver Assessment and Appeal Division in order to get your license reinstated,. The hearing process is complicated, and advance preparation is necessary. Hiring an experienced attorney to […]
- Michigan Has High Rate of Driving Under the Influence of Alcohol
According to data from national surveys, Michigan is home to a relatively high percentage of people who drive under the influence of alcohol — although the percentage is declining. The National Survey on Drug Use and Health compiled data from 2006 to 2009 from several federal government sources. It arrived at a percentage of people […]
- Learn the Facts About Michigan Drunk Driving Laws
There are several different charges that can be applied in Michigan drunk driving cases, which can lead to some confusion as residents try to distinguish between them. Here are the facts regarding the types of charges: Operating While Visibly Impaired (OWVI) is charged when a person’s ability to drive is visibly impaired due to alcohol […]
- Michigan Zero Tolerance Law Applies to Drivers Under Age 21
For drivers who have reached the legal drinking age of 21, “drunk driving” generally means driving with a blood alcohol content of 0.08 or higher. However, for drivers under the age of 21, the state of Michigan has adopted a zero tolerance policy. Drivers under the legal drinking age who are found to have a […]
- Michigan Drunk Driving Arrests Increased in 2012
The Michigan State Police Drunk Driving Audit for 2012 has been released. The data reveals that drunk driving and drug-related driving arrests increased from 2011, as did injuries and fatalities. According to the audit, officers across Michigan made 37,182 arrests for alcohol or drug-related driving in 2012. The state saw a 7.2 percent increase in […]