Legal Question in Traffic Law in Michigan

My daughter, age 47, has a terrible alcohol problem. Last week she had another auto accident involving only her own car, which was drivable and went undetected by authorities. She has two previous DUIs from the state of Maryland, so a third would subject her to penalties under Heidi's law, and the real possibility is prison time. She is going to be confronted by me, along with her brother and her best friend, with the demand that a breathylizer ignition lock be installed in her vehicle if she wants her relationship with us to continue. I am trying to gather as much information, but can find none for the following two questions. What, if there is such a thing, is a "typical" sentence sentence for this felony, and what are the odds that she will be imprisoned? Also, is there a "typical" bail amount in such cases? She does most all of her driving in Oakland, Wayne, and Washtenaw counties.

Asked on 8/07/13, 12:54 pm

1 Answer from Attorneys

Christopher Brown Brown & Associates, Legal Services, PLLC

By law if she is found guilty or pleads guilty to OWI 3rd she must do a minimum of thirty days in jail by statute. I cannot give you a typical sentence. This depends on the court and really what judge she draws. For example, a client of mine was sentenced last week for a OWI 3rd (she had 6 actual prior OWI convictions) a deal was reached for 90 days jail with 120 days house arrest (tether). If you need more information contact my office and I will answer all your questions.

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Answered on 8/07/13, 1:34 pm

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