Waiting on my blood results, but I'm looking at my 3rd DUI. My likely outcome?
It's been 12 years since my 2nd OWI. I was at my gf's place drinking. We got into an argument. She hit me and called the cops, because I wouldn't leave immediately and tried to calm her down. Long story short, they arrested her with domestic violence, and the officers told me I had to call a ride, because I couldn't stay there and if I drove, I would get arrested. They left after.
My house keys were in her place and my phone was too low of a battery to make a call, so I was unable to call a ride, so I made the stupid choice to drive my car and the same officer pulled me over just down the road as he was waiting for me to leave.
I'm waiting on blood results to come back as I refused the PBT, but I know it will be over the limit.
What am I looking at? Will it more than likely be a felony? Also, I wasn't swerving or anything, does that give them probable cause to pull me over later on? I left like 10min after the police left.
From what you’ve described, you may be facing a potential third OWI, and the outcome will depend on how Michigan treats your prior convictions, what the blood results show, and whether the stop will withstand legal scrutiny. Let me walk through the key factors.
In most states, a third impaired-driving offense is treated very seriously, but the impact of an old second offense often depends on how far back the court or prosecutor is allowed to look for enhancement. For example, in California prior DUI convictions count for 10 years, but every state has its own rules, so a Michigan attorney would need to determine how your prior OWIs are treated. The officer did not need to see swerving if he had already warned you not to drive and then observed you driving shortly afterward; that prior interaction can supply independent reasonable suspicion for a stop in many jurisdictions. The main variables that will drive your exposure are your BAC level, whether the prosecution views the situation as aggravated because you drove after being told not to, and how your prior OWIs are counted under Michigan law.
Your next step is to speak with a Michigan OWI attorney immediately. They will analyze (1) whether the earlier police warning and later traffic stop complied with Michigan standards; (2) whether the blood draw followed all required procedures; (3) any timing issues between drinking, absorption, and the blood test; and (4) whether the age of your prior offenses can mitigate charging or sentencing. A local attorney can also obtain the body-cam footage, evaluate whether the officer created an unrealistic “no-options” scenario for transportation, and preserve any suppression issues early in the case.
This is general information only and not legal advice for your specific situation, and you should consult a licensed Michigan attorney for state specific guidance.
