Operating While Intoxicated 2nd Offense

Receiving a second offense operating while intoxicated in Oakland County is an extremely serious situation because of the tough Oakland County District Court judges.  A conviction for a second offense drunk driving will likely result in jail time, and will result in significant jail time in certain tough Oakland County courts.  An operating while intoxicated charge becomes a second offense charge if you have a prior conviction within seven years of the new charge.  The way to determine the dates is to look at the date that you were sentenced on the first operating while intoxicated.  If that date is within seven years of the date you are charged on the new offense, then you could be facing a second offense charge.

There are a few other key differences that make a second offense much for serious.  First, the amount of potential jail time is increased from 93 days to 365 days.  Second, two convictions within seven years will revoke your driver license for a minimum of one year.  It is important to note that the time frame for that is measured from conviction date to conviction date.

Because Oakland County has some of the toughest drunk driving courts in the nation, the sentences imposed for second offense convictions can be extremely harsh.  This is further exacerbated  by the fact that the Oakland County Prosecutor handles all second offense cases and they have an office wide policy to not make any deals in these cases.  

There are some courts and judges in Oakland County who participate in sobriety court programs.  These programs are great for second offense cases because they generally allow you to not go to jail on second offense drunk driving charges and the law also allows for you to have a restricted license with an interlock device, even though your license has been revoked.