Operating while intoxicated (OWI) offenses are somewhat common in West Michigan. Drivers can face charges after they cause crashes, fail breath tests or display impaired ability at the wheel.
Those accused of an OWI offense may worry about jail time, driver’s license penalties and financial consequences. They may also worry about the consequences of having a criminal record. OWI defendants might consider pleading guilty because a misdemeanor record doesn’t seem particularly harmful. However, assumptions about charges and the potential for a lenient sentence could leave defendants in a difficult position.
Is an OWI be a wobbler offense that leads to felony charges instead of misdemeanor charges?
An OWI can be a felony in Michigan
A wobbler offense is a crime that the state can charge as a felony or a misdemeanor, depending on the circumstances. An OWI is a wobbler offense. Most West Michigan OWI charges are misdemeanor offenses. However, prosecutors do have the option of pursuing felony OWI charges in qualifying circumstances.
If an OWI charge relates to a collision, felony charges could be possible. If an allegedly drunk driver caused a crash where others sustained injuries or someone died, the prosecution could pursue felony charges.
If a driver has multiple prior OWI convictions, that could also justify a felony offense. Typically, third or subsequent OWI charges occurring within a decade of a first offense can justify felony prosecution.
Those facing OWI charges often need help responding effectively, and that’s okay. Verifying the severity of a pending OWI charge and the possible penalties can help defendants make an informed decision about how to respond in court.