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Being charged with a second Operating While Intoxicated (OWI) offense in Michigan is a serious matter with potentially severe consequences. Michigan law treats repeat OWI offenses harshly, with stricter penalties and fewer leniency options than a first offense. If you are in this situation, taking immediate action to protect your rights and secure the best possible outcome is crucial.

At Ben Hall Law, our East Lansing criminal defense lawyer understands your challenges and is here to help you navigate this difficult time. Below, we outline what you should do if you are charged with a second OWI offense in Michigan.

Understand the Penalties for a Second OWI in Michigan

A second OWI charge is typically classified as a misdemeanor, but the penalties can be severe:

  • Fines: Up to $1,000.
  • Jail Time: At least 5 days and up to 1 year in jail.
  • Community Service: Between 30 and 90 days.
  • License Suspension: A minimum of 1 year, with the possibility of a restricted license under certain conditions.
  • Ignition Interlock Device (IID): Mandatory installation in your vehicle at your expense.
  • Vehicle Immobilization or Forfeiture: Your car could be immobilized or forfeited.

Additionally, a second offense stays on your record for life and can lead to increased insurance premiums, difficulty finding employment, and other long-term consequences.

Remain Calm and Cooperative During the Arrest

How you handle yourself during the arrest can impact your case. Stay calm and respectful when interacting with law enforcement. Do not resist arrest or argue, which can lead to additional charges.

Avoid answering questions about alcohol consumption or other incriminating topics. Politely exercise your right to remain silent and request an attorney.

Contact an Experienced Michigan OWI Defense Attorney

A second OWI charge is far more complex than a first offense, and having an experienced criminal defense attorney is essential.

At Ben Hall Law, we will:

  • Review the evidence against you, such as breathalyzer or blood test results.
  • Investigate the traffic stop to ensure it was conducted lawfully.
  • Challenge procedural errors or violations of your rights.
  • Develop a defense strategy tailored to your case, including negotiating for reduced charges or alternative sentencing options.

Evaluate Potential Defenses

Several defenses may be available to contest a second OWI charge, including:

  • Challenging the Traffic Stop: The charges could be dismissed if the officer lacked reasonable suspicion to pull you over.
  • Questioning Evidence Accuracy: Breathalyzer or blood test results may be inaccurate or improperly administered.
  • Arguing Procedural Errors: Mistakes made by law enforcement during your arrest could weaken the prosecution’s case.

Why Choose Ben Hall Law?

A second OWI offense is life-altering, but you don’t have to face it alone. At Ben Hall Law, our experienced East Lansing criminal defense attorney is dedicated to protecting your rights and helping you achieve the best possible outcome.

We understand Michigan’s OWI laws and have the knowledge and skills to challenge the prosecution’s case, negotiate on your behalf, and advocate for reduced penalties or alternative sentencing.

If you’ve been charged with a second OWI offense in Michigan, time is of the essence. Contact Ben Hall Law today for a free consultation. Let us provide the legal support you need to protect your future and move forward.

Call 877-BEN-HALL (877)-236-4255 or contact us online. Your rights and freedom matter; we’re here to fight for them.