DRUNK DRIVING FELONY
Well, you and I both know that if you are calling me up about a drunk driving Felony offense in Oakland County, you already know that you are facing not only guaranteed jail time, but potential prison time as well. At this level of defense, drunk driving felonies need to be treated the same exact way that I would treat a murder case.
HOW DO I GET A DRUNK DRIVING FELONY
By far the most common charge is OWI 3rd Offense resulting from having two prior drunk driving or impaired driving convictions at any time in your life. I know that sounds crazy, but the Michigan Legislature has found that it is a good idea to punish you for a Felony, even if your previous drunk driving convictions were 30 years ago. There are other drunk driving related Felonies, such as drunk driving causing death, which I discuss here.
THE FELONY DRUNK DRIVING PROCESS – DISTRICT COURT
If you have never been charged with a Felony in Oakland County, or any other Michigan court for that matter, here is what happens. First, you start out in the District Court which has jurisdiction over the City or Township where you were stopped. This is why even though you are charged with a Felony, your first court appearance is, for instance, in the 51st District Court in Waterford. The reason for this is because the District Court Judge is required to hold a hearing, called the preliminary examination, in order to determine whether there is probable cause to believe that you committed the drunk driving. Additionally, the District Court is responsible for setting your bond, which sometimes can turn into a disaster. For example, I had Judge Small in the 48th District Court set a bond of $250,000.00 on a third offense drunk driving case. Of course after immediately going back to my office and writing an emergency motion for bond reduction, my client’s bond was reduced to $10,000.00 the next morning.
THE FELONY DRUNK DRIVING PROCESS – THE PRELIMINARY EXAMINATION
The exam is one of the most, if not the most, important parts of your drunk driving felony case. Although the standard for “binding over” a case to the Circuit Court is not high, the preliminary exam is your opportunity to put the cops on the stand and lock them into their stories. Further, the examination gives you the chance to get the cops talking about how they improperly stopped your vehicle or didn’t do the field sobriety tests correctly, which directly leads to motions filed in the Circuit Court. Unfortunately, once again most attorneys who are not warriors and do not understand how to win criminal drunk driving Felony cases will waive the exam. Yes, let me repeat that, they will advise you to waive your best chance to lay the groundwork for your felony defense of the DUI charge!!!! Bottom line, DO NOT WAIVE YOUR EXAM.
THE FELONY DRUNK DRIVING PROCESS – CIRCUIT COURT
Once the case is bound over, you will receive a new judge and a new prosecutor. As with all drunk driving offenses, the Oakland County Prosecutor’s Office has a policy that they do not give deals in third offense OWI cases. Having handled many of these cases in Oakland County Circuit Court, I know that the only person who can approve any type of reduction is the head prosecutor, Jessica Cooper herself. Because of this, it is imperative that you file as many motions as you can, even if the cops caught you red handed. This is because my experience dictates that when you file motions and aggressively litigate the case, the Judge will be much more likely to make a favorable “Cobbs” deal with you. Also, if we are planning on trying the case, winning motions limiting the types of evidence the prosecutor may use will greatly enhance your chances of winning.
PUNISHMENTS FOR FELONY DRUNK DRIVING IN OAKLAND COUNTY
Felony drunk and impaired driving carries a possible 5 year maximum, which can be enhanced if you are habitual offender with prior felony convictions. Although prison is possible, if this is your first drunk driving felony charge, you are much more likely to be looking at jail time. If any lawyer out there tells you that you won’t get jail time in Oakland County, then he or she is either lying or doesn’t know what they are talking about as Michigan statutory law requires that all felony drunk driving convictions require you do at least 30 days in jail. And since the Oakland County Community Corrections Division eliminated the work release program, these 30 days will be spent in the Oakland County Jail. And when I say 30 days, it is the best case scenario, as most drunk driving 3rd offense convictions result in jail sentences of at least 60 – 120 days in jail.
YOU NEED TO FIGHT, FIGHT, FIGHT!!!!
In the world of Oakland County criminal defense attorneys, there are those who fight, and then those who let their clients take it on the chin. If you have any chance of beating the case, you need to start the fight from the day you are charged, and don’t stop until you hear that magical two word phrase of “not guilty.”
