View Full Version : 3rd dui in Michigan not sure what I am facing


derickgold
03-21-2009, 11:50 PM
7 years ago I recieved a dui in Michigan and then within months one in Ohio. Bad time in my life, since then been clean and sober except two nights ago had a few drinks with old friends and was pulled over and arrest for 3rd dui. I have 3 kids and a mother who is in ill health I take care of, I am very worried of what will happen and what I do next. I can barely afford the lawyer I hired let alone the fines and jail time, will be so hard to do with the heath of my mother and no one to watch her not to mention my 3 kids. Any help advice or experiance in this would be great

LeaAnn
03-22-2009, 09:59 AM
Welcome to PTO! From people I know a third dui usually ends up in prison time sad to say. I wish you the best of luck.

tballa
03-22-2009, 10:15 AM
It depends on if your lawyer can plead it down. With this being your first OUIL 3rd, the courts may just have you do some jail time (possibly weekends), more courts are sentencing OUILs to jail time rather than prison. Some other options you can look into is wearing the alcohol tether (SCRAM). Immediately begin attending AA meetings to show that you made a mistake and are learning from your actions. You need to show the courts that you are serious about rehabilitation. If you walk into court showing initiative that you are making changes yourself then they may be easier on you.

Jacks_Tracy
03-22-2009, 10:55 AM
It all depends...
If this is truely only your third, its likely that you will be able to plead it down to a second, which is a misdemeanor. This still opens you up to the possibility of one year in county jail, but that is a world away from a felony conviction and state prison time. A lot of what happens at sentencing will be determined by your actions. You need to be proactive instead of reactive. You need to demonstrate (not just SAY) that you realize this is an issue that needs to be addressed. Get to AA/NA at least three times per week, and get verification (papers stamped/signed). Make a appointment for a substance abuse assessment. When you go in to meet with a PO regarding your offense, be sure that you emphysize that you know that there is a problem and you are doing your best to address the issue...

And don't drink!

Good Luck!

Special KJ
03-22-2009, 05:02 PM
Make sure your attorney specializes in drunk driving in the county you were arrested in. You MUST find out if the breathalizer test you took is accurate. Your attorney can do that for you.

Jacks_Tracy
03-22-2009, 05:33 PM
You've got to weigh your options. If you know you were intoxicated, and you want to try to reduce this to a misdemeanor, trying to assert that the PBT wasn't accurate is going to take you into a trial, and you'll end up with the felony. In 12 years, I have NEVER seen a drunk driving case thrown out because the test wasn't accurate. Even if the PBT was not quite right, once you're transported to the jail, odds are that you submitted to a Datamaster Breath Test, and those things are calibrated on a regular (often daily) basis. I have seen cases upheld in the absence of a breath test because the officer is trained in classic signs of intoxication, the driver admitted to having consumed alcohol and the dash cam documented that the driver was operating the vehicle in an unsafe manner.

Good luck!



Make sure your attorney specializes in drunk driving in the county you were arrested in. You MUST find out if the breathalizer test you took is accurate. Your attorney can do that for you.

Snowkitty
03-25-2009, 01:52 PM
What SpecialJK said about getting a DUI lawyer from the county you were arrested in. I don't remember how many DUI's you have to have before they give you a "habitual" tag. A good lawyer might be able to bargain that down & that's really key. Good luck. This is a really bad time for DUI people in court, with all the publicity on recent ones.

Snellbert
04-14-2009, 04:39 PM
Its up to 5 years in prision in Michigan. It doesen't matter if it was 10 years ago from your last dui/.owi/mip etc. Mich considers you a habitual offender. If your lucky a Judge will give you county jail time for a year with work pass. Hate to sound doom and gloom but i been there. Spent a whole lot of mony on lawayers but could of did and did just as good on my own speaking for yourself.7 years ago I recieved a dui in Michigan and then within months one in Ohio. Bad time in my life, since then been clean and sober except two nights ago had a few drinks with old friends and was pulled over and arrest for 3rd dui. I have 3 kids and a mother who is in ill health I take care of, I am very worried of what will happen and what I do next. I can barely afford the lawyer I hired let alone the fines and jail time, will be so hard to do with the heath of my mother and no one to watch her not to mention my 3 kids. Any help advice or experiance in this would be great

Bob~Cat
04-16-2009, 11:33 PM
My husband did 3 mos. in county, 3 mos. in rehab and 2 mos on tether for his 1st DUI. (and he had a court appointed attorney). Your attorney could make a plea for a lessor charge, I'm sure. "Good Luck".

Bob~Cat
04-20-2009, 01:43 AM
Correction.....that was my husbands 3rd D.U.I my I'm sure that you will not get too much out of it. Again, I wish you luck!

Tracy147
04-23-2009, 05:48 PM
My brother-in-law just served 2yrs. But the 3rd dui they gave him felony 5yr probation...he violated and that landed him in prison doing 2 to 5yrs. He had a job and family that is what saved him the last time until he violated. Good luck to you. Go do some AAand anything else that will help.

derickgold
06-16-2009, 08:04 PM
I want to thank everyone for their input concern and information provided. In my case it appears my sentence is as follows, 30 days county with work release, 3 months of AA 3x a week and some community service. The hard part of this is that it is a felony which will make jobs harder then ever for me to get which is my latest worry.
Again thanks everyone

Tracy147
07-19-2009, 07:08 AM
glad to hear we were of some help. glad to hear all went pretty good for the most part. good luck to you.

i2shi4u
08-24-2009, 04:22 PM
7 years ago I recieved a dui in Michigan and then within months one in Ohio. Bad time in my life, since then been clean and sober except two nights ago had a few drinks with old friends and was pulled over and arrest for 3rd dui. I have 3 kids and a mother who is in ill health I take care of, I am very worried of what will happen and what I do next. I can barely afford the lawyer I hired let alone the fines and jail time, will be so hard to do with the heath of my mother and no one to watch her not to mention my 3 kids. Any help advice or experiance in this would be great
Every1 i know that has had 3 has gotten 1 1/2 to 7 or 2-5 years...Unfortunately my husband is in for 2-5 for 3rd DUI..Good luck 2 you and hang in there...

derickgold
09-09-2009, 07:04 PM
2-5 years, 7 years this is crazy. I know that DUI is a crime but come on thats nuts. I am a responsable person, I have kids work full time provide well active in my community I had 3 drinks after work and get pulled over for going 40 in a 35 and this is now made me a felon just dumb:angry:

Every1 i know that has had 3 has gotten 1 1/2 to 7 or 2-5 years...Unfortunately my husband is in for 2-5 for 3rd DUI..Good luck 2 you and hang in there...

nimuay
09-09-2009, 08:46 PM
No, derick. Dumb is drinking when you know it's a problem for you. Accept the fact that you have a problem, and that you broke a major law. THAT'S responsible. Don't mean to be harsh, but if you don't get it now, your next term for your next DUI is going to be a whole lot worse - it's time that you get serious before the consequences do.

i2shi4u
10-06-2009, 08:29 PM
:blah:we are in the same boat its bull ----

derickgold
11-10-2009, 10:55 PM
with you 4u and it sucks good luck out there

Never Forget
01-02-2010, 04:42 PM
If you are wanting to see what the actual Sentencing guidelines say, go to Google and enter MICHIGAN OTIS... click the first link then on the page is something called MICHIGAN SENTENCING GUIDELINES....

Click it and fill it out. Chances are the range would be 3 - 5 years. Sometimes with the Judge it could even be 18 months to 3 years. This will vary based on your criminal history and how willing you are to admit you are wrong and have a problem.

Also... this depends on if you take it to trial, or just plead guilty. Trial means more time generally.

Never Forget
01-02-2010, 04:49 PM
2-5 years, 7 years this is crazy. I know that DUI is a crime but come on thats nuts. I am a responsable person, I have kids work full time provide well active in my community I had 3 drinks after work and get pulled over for going 40 in a 35 and this is now made me a felon just dumb

OK I do not mean to be harsh here, but you are making an excuse, and yes the crime you committed is a felony. derickgold, what made this a felony was your actions. What you did was violate the law and I am sorry but if your BAC was high enough to violate the law you should not be driving....

I spent 33 months in prison, from one man to another.... PLEASE dont make excuses. Accept you broke the law and that whatever happens is a direct result of your actions. Acceptance of wrong doing, and admitting your wrong is the first and most important step to changing.

I am a convicted felon, it sucks and I have had many hurdles to cross due to it, however I placed everyone in front of me due to my wn stupidity.

angelicangel252
01-02-2010, 06:47 PM
My fiancee is serving 22 months for 3rd DUI. :( Best of luck to you!

LovinMyHans
01-17-2010, 10:49 PM
What county did yours happen in if you dont mind me asking?My boyfriend is facing his 3rd DUI charge and is in Ingham county and has been in there since his arrest on Jan 29th (we could not afford bond). He will have a court appointed attorney. He mentioned (the one time I have talked to him) that a lot of guys in there facing their 3rd dui and getting like 6 months jail,rehab and 5 years probation...I hope he gets this rather than prison time,we are expecting our first baby in June.




I want to thank everyone for their input concern and information provided. In my case it appears my sentence is as follows, 30 days county with work release, 3 months of AA 3x a week and some community service. The hard part of this is that it is a felony which will make jobs harder then ever for me to get which is my latest worry.
Again thanks everyone

Never Forget
01-19-2010, 07:04 PM
I had 3 drinks after work and get pulled over for going 40 in a 35 and this is now made me a felon just dumb

No.... You breaking the law did this... you drinking and driving did this...... Why do so many break the law... endanger others... then whine over the consequences... So if you delineate this to its base facts...

1. You are a good guy...
2. You are a good Dad...
3. You after work drank 3 drinks....
4. You left there and was speeding....
5. Got pulled over and FAILED a breathalizer and Field sobriety test.... (for third time)

Drunk + Speeding = Breaking Law / + (3rd Offense) = Yes a Felon.
.................................................

Even a worse formula.

Drunk + Speeding + Denial = Wrong (destined to repeat)

You are incredulous that your 3RD OFFENSE might have resulted in prison time.
I am incredulous you havent killed anyone yet. Sorry but your arrogance is a bad thing. You have no regret other than the regret of maybe going to prison.

greyhorse
01-19-2010, 09:10 PM
All of you who got a DUI are very lucky you did not cause an accident. Worse yet in the accident nobody was seriously injured or killed. Drunk Driving is Not to be played with, just ask any victim of a drunk driver.

Dumb is getting behind the wheel after drinking, Dumb is not calling a Taxi or not having a designated driver. Dumb is not getting help for your drinking instead of being forced to by the Court. Have I done Dumb things? Oh yes, but putting other peoples lives at risk is not one of them. And that is what why a DUI is so serious and there cannot be any acceptable excuse or reason for it. If you want help it is available if you do not want help, do not complain when you are put in jail. I know this is harsh and I know people will be upset by it, I do not care about your hurt feelings. I do care for the safety of others and I do not want anyone to be a hurt or killed because somebody drove drunk. That IS dumb!

JUDEFAC
01-20-2010, 01:56 AM
Best don't drink ...second best ...Do your drinking at home...

Bob~Cat
01-20-2010, 10:45 AM
Best don't drink ...second best ...Do your drinking at home...


lmao..that is funny, but true:thumbsup:

scootergoes2jaL
05-30-2013, 09:28 PM
Here's the deal. The arresting city decides to prosecute you on a felony. They have the option to prosecute you as a misdemeanor. The difference for the arresting city is that by charging you with a felony they have to split the money with the state.

I was charged with my Third DUI (and I have a nasty driving record) in Westland Michigan. When I was arraigned the morning after arrest I noticed they didn't use the term 'felony' at all. I later found out from my attorney that this is one of the only cities in Michigan that doesn't charge felony for third DUI so they don't have to split costs with the state. WHAT A RELIEF!

blueberri
07-15-2013, 10:07 PM
You were very lucky. My boyfriend is doing 15 months in prison for his 3rd DUI. The 2nd happen over 8 years ago but Michigan no longer cares about that (used to be after 7 years the old ones weren't counted). This has caused nothing but problem after problem for us. Rather than put him in county for a year so he could do work release and continue to pay child support, (they let him out on a tether for 5 months prior to sentencing) the judge gave him prison time. So now his daughter receives no support and he is a burden to society. Our system is F*cked up.