Williams & Associates | A Criminal Defense Law Firm

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Williams & Associates | A Criminal Defense Law Firm
231-735-8575

Premier Criminal Defense For Clients Across Northern Michigan Since 2004

Fighting Felony OWI Charges In Michigan

A felony drunk driving arrest in Michigan puts your freedom and your right to drive at risk. Unlike a standard misdemeanor, these charges carry the threat of long-term prison sentences and permanent life changes. Williams & Associates understands the stress you feel when facing the power of the government. Our attorneys focus on dismantling the prosecution’s case by finding errors in their technical evidence. We fight to ensure a single mistake does not define your entire future.

What Is A Felony OWI In Michigan?

In Michigan, under MCL 257.625, a DUI/OWI becomes a felony if it is a third lifetime offense, involves serious injury, causes death or is a second child endangerment charge within seven years. Convictions carry a 30-day mandatory minimum jail sentence and up to five years in prison. Defense strategies often involve challenging manual entry errors at the MSP Forensic Lab or seeking DAAD license reinstatement.

Common Consequences For All Felony OWI Convictions

You could potentially face harsh consequences if convicted of a felony OWI in the state of Michigan. Incarceration is the most severe penalty and can range from a minimum of 30 days to five years, depending on the circumstances. If sentenced to probation, you may still need to pay hefty fines ranging between $500 and $10,000 as well as restitution for any damages caused. On top of that, your driver’s license will be revoked for a minimum of one year and you’ll have 6 points added to your driving record, which will be visible for two years. To top it off, a judge may order your vehicle immobilized or forfeited entirely.

Charge Type Conviction Threshold Maximum Penalty License Impact
3rd Offense OWI (Lifetime) Third OWI conviction within a person’s lifetime. 1 to 5 Years Prison or 30 days to 1 year in jail. Indefinite Revocation.
OWI Causing Serious Injury Operating while intoxicated and causing a serious impairment of body function. 5 Years Prison / Up to $5,000 Fine. Revocation.
OWI Causing Death Operating while intoxicated and causing the death of another person. 15 Years Prison / Up to $10,000 Fine. Revocation.
Child Endangerment (Felony) OWI with a minor under 16 (second or subsequent conviction). 1 to 5 Years Prison / Up to $5,000 Fine. Revocation.

 

Legal Defenses To Felony OWI Charges

Crafting a successful defense for a felony OWI case requires formulating and addressing numerous questions before the case ever reaches trial, including:

  • Was the traffic stop legally permissible?
  • What was the reason the officer asked you to step out of your vehicle?
  • Where did they administer the sobriety tests properly?
  • Was the preliminary breath test device functioning correctly? Did the officer have legal grounds to arrest you?
  • Was the Datamaster (the breath test device at the police station) in working order?
  • Where is the police video evidence located? Did the officer act within their legal rights during their interactions with you?

An experienced attorney may suggest filing pre-trial motions for a jury and judge’s consideration, which could result in favorable terms or even have your case dismissed entirely.

When facing a DUI charge, it’s essential to have an effective plan for your defense. Before making decisions about how to proceed, talk to a lawyer who specializes in DUI cases and understands the specifics of your case. Your attorney can help you assess the police officer’s determination and investigation related to your charge, as well as any scientific evidence related to your BAC or other factors. Additionally, they can explain the risks of using faulty breath test machines that may produce inaccurate readings. With their insight into the strengths and weaknesses of your case, you can make informed choices in order to build a powerful defense strategy.

The Myth Of The Zero-Error State Lab

The Michigan State Police (MSP) Toxicology Unit processes roughly 19,000 blood vials annually. While the lab claims perfection, human error remains a systemic vulnerability. Many people assume blood test results are absolute, but technicians often use manual processes.
Instead of automated barcode scanners, technicians frequently hand-write vial numbers. They also manually input sensitive data into the computer system. These manual steps create opportunities for clerical transpositions and data entry mistakes.
The Williams & Associates looks beyond the final BAC report. We demand the raw bench sheets to find these hidden errors. A single manual mistake can invalidate your entire blood test. We hold the state lab accountable for every data point they record.

Revocation Versus Suspension: The DAAD Process

You must understand the difference between losing your license temporarily and losing it permanently. A suspension has a fixed end date. Conversely, a felony OWI leads to a revocation.
A revocation means your driving privileges are gone indefinitely. You cannot simply wait for a specific date to drive again. Instead, you must win a formal hearing before the Driver Assessment and Appeal Division (DAAD).
During this hearing, you must provide clear evidence of long-term sobriety. The state will not consider a restricted license until you prove you are no longer a risk. This complex process requires careful preparation and strong documentation.

The Role Of An Expert Witness

An expert witness is an individual with specialized scientific knowledge who can provide a reasoned opinion on evidence in a trial. The court must first deem them an expert according to Rule 702 of the Michigan Rules of Evidence, and the judge and attorneys may question them about their expertise and experience. An expert witness must typically be a published author who has written on the relevant topics. If allowed to testify, their opinion can help jurors better understand any scientific or technical evidence in the case.

How An Expert Witness Can Help You

In an OWI case, an expert witness can be incredibly valuable to a defense attorney. Not only do they have the necessary knowledge and training to ask the right questions relating to evidence and scientific information, but they can also provide an objective opinion on the accuracy of the Datamaster breath test. Since this type of equipment is used most commonly by police to measure someone’s level of intoxication, it must be regularly serviced and calibrated so that it produces accurate readings.

A defense expert can explain why the machine may have given a false or unreliable reading, providing useful insight for arguing your case. Having an expert witness on your side means you’re in a much better position to challenge any scientific evidence provided against you – something that regular witnesses are not allowed to do in court.

A Felony OWI Demands Serious Representation

It’s no longer an issue of short-term license suspension or a few days in jail. A felony OWI raises the stakes. Your license could be revoked for a year or more with no restricted privileges. You could be facing substantial jail or prison time. And a felony conviction on your criminal record can cause havoc with employment, housing and other aspects of your life.

At Williams & Associates, we will not simply encourage clients to plead guilty to a felony OWI. We provide a robust defense to challenge the government’s case to obtain a dismissal of charges or an acquittal at trial. Only when all defenses have been exhausted would we engage with prosecutors in a plea negotiation.

To schedule a free consultation with one of our OWI defense lawyers, call our Traverse City office at 231-735-8575 or use our online form.