Operating while intoxicated (OWI) offenses are relatively common. People get arrested every day in Michigan for impaired driving. Frequently, OWI defendants expect a straightforward process. They anticipate misdemeanor charges with minimal criminal consequences.
That belief often prompts people to assume that a guilty plea is their best option. They may not realize that they expose themselves to a variety of consequences, including increasing penalties should they ever face the same charges again in the future.
While people frequently face misdemeanor charges for OWI offenses, the state can pursue more serious criminal allegations in certain scenarios. When could drivers be at risk of felony charges in an OWI case?
When they have multiple prior offenses
Recidivism, or breaking the same law more than once, is a relatively common issue. Many people convicted of one OWI may eventually find themselves facing the same charges again in the future. The state increases the penalties imposed after each subsequent conviction.
In fact, the charges themselves can become more serious after multiple convictions. Drivers with two or more prior OWI convictions on their record may face Class E felony charges for third or subsequent OWI offenses. The possible penalties include up to five years in prison with a mandatory minimum of 30 days, up to $5,000 in fines and a five-year driver’s license revocation.
When they injure other people
The other justification for felony charges in an OWI case relates to causing harm to others. When drivers cause collisions that either cause serious bodily injury or lead to death, the state can pursue felony charges in those cases as well.
If someone sustains injuries, the driver accused of an OWI could face a Class E felony offense provided that the injuries are serious. If a driver is accused of an OWI leading to death, they may face a Class C felony charge that could result in up to 15 years in state custody. Other penalties depend on factors including prior driver’s license actions.
Fighting against either a first-time OWI charge or any subsequent OWI allegations could be necessary for those who want to preserve their freedom, reputations and driving privileges. Motorists who recognize that they could be at risk of a felony conviction may be more assertive about responding to pending charges.