Michigan Felony Drunk Driving: Third Offense in Lifetime

Under Michigan law, if a person was arrested for Operating While Intoxicated and the person has two prior drunk driving convictions, then he or she will likely be facing felony drunk driving charges for the “3rd Offense.”  Prior to 2007, this “Third” arrest, or violation, had to occur within 10 years of the two prior offenses to be considered a felony.  Thus, “Three within Ten” was the old standard used to determine whether or not felony charges would be issued against a defendant.  However, in 2007, the law was changed to include all prior drunk driving convictions regardless of the date of the prior offenses.  As a result, the new standard for felony drunk driving charges is “Three in a Lifetime.”

A person charged with a “3rd Offense-Felony” drunk driving charge in Michigan faces 1 to 5 years in prison, or probation with 30 days in jail, and 60 to 180 days community service.  The person may also be subjected to rehabilitation programs, vehicle forfeiture, vehicle immobilization, fines, costs, as well as driver’s license sanctions from the Michigan Secretary of State.