Legal Question in Criminal Law in Michigan

ouil ticket

I was arrested on a ouil charge, My breath anl. was .1 . I have had a DWI in march of 1991 and a ouil in May of 1991. My question is can they use both of the previous charges against me to make this my third charge which is a felony ? If I get the current charge reduced to a DWI am I in a better situation? There was no one involved in any of the arrest..(no injuries or accidents)


Asked on 5/31/99, 12:01 pm

1 Answer from Attorneys
Henry J. Legere, Jr. Law Office of Henry J. Legere, Jr.

Re: ouil ticket

No. The current law in Michigan is that in order for an OUIL to be treated as a felony a defendant must have at least two prior OUIL or UBAL convictions. The facts as you have presented show only 1 OUIL conviction and 1 Impaired. If this is the case then you cannot be charged with OUIL 3. You can be charged with OUIL 2 which is a 1 year misdemeanor.

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Answered on 6/01/99, 10:32 pm


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