The crime of Operating While Intoxicated -3rd Offense is a serious felony offense that can be committed in various ways. A person will be charged with Operating While Intoxicated -3rd Offense if he/she has a body alcohol content of .08 or higher and has two or more prior Operating While Intoxicated convictions on his/her record. It can be very difficult to challenge these charges, especially when a driver has a high body alcohol content. However, a skilled defense attorney will know what issues to look for and how to level a strong challenge to this charge.
A person can also be charged with Operating While Intoxicated -3rd Offense if he/she had a body alcohol content that was less than .08 and has two or more prior Operating While Intoxicated convictions on his/her record. This type of offense is more difficult to prove because there has to be evidence that the impaired driver was substantially affected by alcohol when driving.
Another option for prosecutors is the offense of drugged driving, it is another form of Operating While Intoxicated – 3rd Offense. A driver who has any amount of an illegal drug in his/her body or is intoxicated by certain types of prescription drugs can be charged with this offense if he/she has multiple prior Operating While Intoxicated convictions on his/her record. People using medical marijuana remain exposed to this type of felony charge as well.
No matter what form of Operating While Intoxicated -3rd Offense the prosecutor charges, a conviction on this offense will require a maximum prison sentence of 5 years. The typical sentence on an Operating While Intoxicated -3rd Offense in Washtenaw County is 6 months in the county jail with 3 years of supervised probation. A long-term driver license revocation will also result from a conviction on this offense. The vehicle involved in the offense may also be immobilized or forfeited to the state.