Operating While Intoxicated (OWI) is usually a misdemeanor crime, punishable by up to 93 days in jail, fines between $100 and $500, up to 360 hours of community service, vehicle immobilization, and mandatory installation of an Ignition Interlock Device (IID). But in some circumstances, an OWI can be charged as a felony and carries a much more severe punishment.
If you were charged with felony OWI in Michigan, experienced legal representation is crucial. Elmen Legal is poised to provide high-quality legal representation to anyone facing felony OWI charges in or around Ann Arbor, Michigan. Attorney Robert Elmen offers personal attention and accessibility that you won’t find in a larger law office. He takes a caring and pragmatic approach to defending people charged with crimes and will shoulder some of your burden as he helps you navigate the complexities of a Michigan felony OWI charge.
In Michigan, a non-commercial driver is considered legally under the influence if they have a Blood Alcohol Content of .08% or higher or their ability to operate a motor vehicle is impaired due to the consumption of alcoholic liquor, a controlled substance, another intoxicating substance, or a combination of any of the three.
But some circumstances can elevate a Michigan OWI charge from a misdemeanor to a felony charge. You could face felony OWI charges if you are charged with a third OWI or cause serious injury or death to another person.
If you have two prior OWI convictions and are charged with a third OWI offense, you could be charged with felony OWI, a Class E felony, and designated a Michigan OWI repeat.
A Class E felony is punishable by:
You cannot expunge or seal or felony OWI conviction.
You could be charged with felony OWI if you are under the influence of drugs or alcohol and are involved in an accident that causes someone else to suffer a serious bodily injury, such as broken bones, impairment of a bodily function, or paralysis. This felony OWI charge is also a Class E felony.
If someone is killed in an accident in connection with your OWI, you could face Class C felony charges, punishable by up to 15 years in prison, a fine of up to $10,000, vehicle forfeiture, revocation of your driver's license for at least one year, and six points on your license. If the victim was an emergency responder, the offense is elevated to a Class B felony, which carries a maximum sentence of 20 years in prison.
A felony OWI Conviction carries severe penalties that could change your life forever. But the right OWI defense lawyer can fight the charges by conducting a thorough investigation of the facts and circumstances that led to your arrest, collecting compelling evidence to dispute the OWI charge, calling experts, filing the appropriate motions to move the case in the proper direction, and mounting a vigorous defense in court.
Robert Elmen will develop appropriate defenses to a felony OWI charge, such as:
A felony conviction can follow you for the rest of your life and lead to severe collateral consequences, such as making it more challenging to find a job or appropriate housing or take advantage of other opportunities, such as certain programs to obtain higher education.
You should seek experienced legal representation anytime you have been charged with an OWI in Michigan. But high-quality, experienced legal representation is crucial if you have been charged with felony OWI. To learn more and begin preparing your defense, call (734) 707-8915 or contact Elmen Legal online today.
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