Top
Quick Links
Email Jim
This form does not yet contain any fields.

    DRUNK DRIVING SECOND OFFENSE

    If you find yourself with your second DUI, don’t worry, you are not alone.  I handle drunk driving second offenses in Rochester Hills, Walled Lake, Commerce Township, Clarkston, and all of Oakland County Michigan on a daily basis.  Because of the probable jail time as well as the resulting license revocation, it is very important that you understand that you have absolutely nothing to lose by going to trial, no matter what the facts of the case are.

    DIFFERENCES BETWEEN A FIRST AND SECOND OFFENSE DRUNK DRIVING

    Unlike a 1st offense OWI, a second offense OUIL misdemeanor carries a possible one year sentence.  In addition to this, kiss your license goodbye, as a conviction for impaired driving 2nd offense, or drunk driving 2nd offense automatically revokes your driver license.

    THE OAKLAND COUNTY PROSECUTOR’S OFFICE

    Unfortunately, when dealing with an Oakland County DUI second charge, you must be fully aware that these are handled almost exclusively by the Oakland County Prosecutor’s Office.  This means that you get a state prosecutor who has no power to make you a deal.  In fact, the Oakland County Prosecutor has ordered that there are no deals on second offense drunk or impaired driving cases.  That means that you will face up to a year in jail and lose your driver license if you take your attorney’s advice and take that impaired driving second offense plea.

    WAIT, NO DEALS?!!!?  WHY AM I PLEADING GUILTY?????

    For reasons I don’t understand, most lawyers who dabble in representing people accused of drunk driving do not understand that if you are in any Oakland County District Court staring at a drunk driving second offense, there is no reason not to take the case to trial.  Think about it, what do you have to lose?  Being a drunk driving attorney who tries to win every case, I am of the opinion that in 99% of the cases, not having a jury trial in a OWI 2nd case in Oakland County is tantamount to ineffective assistance of counsel. 

    BUT MY DRUNK DRIVING CASE IS UNWINNABLE

    I disagree.  Even the highest bac cases are winnable, you just need to figure out what defense applies, then go for it.