Operating While Intoxicated 3rd Offense Felony

In Michigan, if you have two prior operating while intoxicated or operating while impaired convictions, a new charge for operating while intoxicated can be treated as a felony.  This is even if the priors were years before.  In Oakland County, we have seen felony drunk driving charges when the prior charges were nearly thirty years before.  A felony drunk driving conviction in Oakland County carries with it a possible five year prison sentence, with a mandatory minimum thirty day sentence.  Because work release is no longer available in Oakland County, this means that a conviction for a drunk driving felony in Oakland County will result in mandatory jail time, no exceptions.  Additionally, the Oakland County Prosecutor's Office will likely attempt to forfeit your vehicle.

As to the possibility of a plea deal, the Oakland County Prosecutor's Office does not make deals in OWI felony cases.  The elected prosecutor has created a policy where all felony drinking and driving cases go to trial unless the defendants plead guilty as charged.  The extent of what you can expect in a plea on a felony drinking and driving is that the prosecutor may sometimes agree to a particular length of jail or prison sentence. 

The Judges of the 6th Circuit Court in Oakland County handle all drinking and driving offenses that are charged in Oakland County.  The Circuit Court Judges of Oakland County are generally tough on felony drunk driving cases, especially when the defendant has more than one prior felony or if the defendant has had more than two prior drinking and driving convictions.  These cases are very complex and difficult and in order to win or get a decent sentence, a solid strategy must be implemented from the beginning of the case.