Attorney Shaun R. Marks: Prior Convictions Can Lead to Harsher Drunk Driving Penalties | Law Firm Newswire

Attorney Shaun R. Marks: Prior Convictions Can Lead to Harsher Drunk Driving Penalties

Attorney, Shaun R. Marks

Attorney, Shaun R. Marks

Flint, MI (Law Firm Newswire) February 27, 2014 - According to Michigan criminal defense attorney Shaun R. Marks, those charged with drunk driving face higher penalties if they have prior convictions on their records.

“Penalties increase substantially after the first drunk driving offense,” says Marks. “While a first offense for an ordinary OWI carries a maximum sentence of 93 days in jail, the maximum for a second offense is one year and a third offense can bring a felony charge with up to five years imprisonment.”

That is what a Ypsilanti man is facing after police say his car entered an oncoming lane and nearly struck a police vehicle. The 38-year-old man is being charged with a felony for his third offense of operating a vehicle while intoxicated.

According to a police report, an officer was driving along Michigan Avenue when an oncoming vehicle drifted into his lane. The officer had to brake in order to avoid a collision. The police report claimed that the driver then continued traveling into the oncoming lane, and the officer turned around to pursue the vehicle and pull the driver over. According to the police report, the man stated that his erratic driving was due to a flat tire and admitted to having drunk a shot of vodka. He was arrested after performing unsatisfactorily in a roadside sobriety test. Police claim that after the driver was taken to the Saline Police Department, he submitted to a chemical test, which indicated a blood alcohol content (BAC) of 0.27 and 0.26.

In Michigan, drivers with a BAC of 0.08 or above can be charged with operating a vehicle while intoxicated, and drivers with a BAC of 0.17 and above are subject to enhanced penalties, even if they do not have a prior conviction.

“A third OWI offense is a very serious charge,” indicates Marks, who is not involved in the Ypsilanti case. “A felony charge means that the defendant faces a longer sentence if convicted, and a felony conviction creates a significant barrier to future employment. Anyone facing a drunk driving charge needs to speak with a qualified attorney, especially if there is a prior conviction involved.”

The Law Offices of Shaun R. Marks, P.C.
653 South Saginaw St #216
Flint, MI 48502
Phone:(810) 234-0700

Clarkston Office:
5840 Lorac
Clarkston MI 48346
Phone: (248) 620-7166




  • Reasons Why You Might Have Your DL Suspended in MI
    There are several reasons why the State of Michigan might suspend a driver’s license. If your license has been suspended, you are likely wondering what you need to do to restore it and get back on the road. Experienced criminal defense lawyer Shaun Marks has helped countless clients restore licenses that were suspended due to<a href="" rel="nofollow" class="post-more-link button">continue reading...</a>
  • Michigan Out of State Drivers License Restoration
    If your Michigan driver’s license has been suspended or revoked, you may be struggling with serious life disruptions as a result. Fortunately, driver’s license restoration lawyer Shaun Marks has 28 years of experience and can help you restore your driving privileges.  If you moved to a different state while your license was invalid, you have<a href="" rel="nofollow" class="post-more-link button">continue reading...</a>
  • What are the Differences Between a First, Second, and Third OWI in MI?
    In Michigan, a conviction for operating while intoxicated (OWI) can result in a wide range of penalties, which vary based on a few different factors. Those with prior OWI convictions will have higher potential penalties. If you have been arrested on OWI charges, Michigan OWI attorney Shaun R. Marks is prepared to help you understand the penalties<a href="" rel="nofollow" class="post-more-link button">continue reading...</a>
  • What Happens if I Refuse a Breathalyzer?
    Individuals who are accused of driving under the influence in Michigan may be asked to take one of two types of breathalyzer tests. While no one can force you to agree to a breathalyzer, refusing to take the test can have consequences. These consequences vary depending on whether you refused a roadside test or a<a href="" rel="nofollow" class="post-more-link button">continue reading...</a>

Tags: , , , , ,

Get headlines from Law Firm Newswire sent right to your inbox.

* indicates required