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A second or third Operating While Intoxicated (OWI) charge in Michigan is a serious legal matter with harsh consequences. Unlike first-time offenses, repeat OWI charges are often viewed as patterns of behavior, and prosecutors typically push for mandatory jail time. But while jail is a real possibility, it is not always inevitable. With the right defense strategy, it may be possible to avoid incarceration or reduce the impact of the penalties.
At Ben Hall Law, our East Lansing criminal defense lawyers have helped clients across the state fight back against repeat OWI charges. We understand how the system works and how to present a strong, strategic defense.
Michigan law is clear about enhanced penalties for second and third OWI convictions. If you are convicted of a second OWI within seven years of your first, or a third offense at any point, you will be facing mandatory jail time and other life-disrupting consequences.
These include:
The penalties get worse if the OWI involves a high blood alcohol level, refusal to submit to testing, or a crash that caused injury or death.
If you are facing a second or third OWI charge, you need to prepare for the possibility of jail. Judges are often less lenient with repeat offenders, and Michigan law does not allow judges to waive minimum sentencing requirements without a valid legal basis.
That said, preparing for jail does not mean accepting defeat. Many factors can influence sentencing, and there are still legal strategies that may reduce or even avoid incarceration. At Ben Hall Law, we review every detail of your case to explore all available defenses and sentencing alternatives.
Our goal is always to protect your future. That starts with challenging the validity of the arrest and the evidence. If law enforcement made procedural errors, violated your rights, or lacked probable cause, we may be able to suppress evidence or have charges reduced or dismissed.
We also work with prosecutors and judges to pursue sentencing alternatives.
These may include:
We present a complete picture of your progress, including any voluntary treatment, counseling, or community involvement, to support reduced penalties and alternatives to incarceration.
If you are facing a second or third OWI charge in Michigan, time is critical. Call 877-BEN-HALL (517-798-5801) or contact us online for a confidential consultation with our experienced criminal defense attorneys. We will fight for the best possible outcome and help you take control of your future.