Facing a second-offense OWI in Kent County? Your sentence, your vehicle and your license are decided in different places, and each has its own deadlines
For a second offense within 7 years, the judgment of sentence in a Grand Rapids, Kentwood, Wyoming or other Kent County case may require forfeiture of a vehicle you own in whole or in part, or its return to the lessor if you lease it. It is a sentencing option, not an automatic result. Multiple section 625 convictions on your driving record weigh heavily toward forfeiture, and if the vehicle is not forfeited, immobilization is ordinarily called for instead. The deadlines are short: the prosecutor may petition within 14 days after conviction, and you, an owner, a lessee or a security-interest holder may file a claim of interest within 14 days after notice.
I am Mitchell Bisson, a Grand Rapids criminal defense lawyer. The sentencing judge does not control your license. Two convictions within 7 years under section 625 call for revocation by the Secretary of State, and the Secretary of State revokes notwithstanding a court order unless the order complies with MCL 257.323. Reinstatement waits for the later of 1 year after the revocation or denial, or 5 years after a subsequent revocation or denial within 7 years after a prior one, and you must rebut the habitual-offender presumption by clear and convincing evidence.
An appeal to a hearing officer must be in writing and filed with the Secretary of State within 14 days after the final determination. A petition for circuit court review must be filed within 63 days after the determination is made, or within 182 days for good cause shown. Review is confined to the record prepared at the hearing officer stage for a statutory legal issue. I did not find a provision saying that a hearing officer appeal pauses the 63-day count, so I confirm the deadline for your situation before choosing a route.
A second OWI can qualify you to be considered for a certified sobriety court, which can lead to a restricted license with an ignition interlock. That restricted license can end without a new conviction. The specialty court judge must immediately inform the Secretary of State if the court removes you from the program, learns you drove without an interlock or tampered with, circumvented or removed it without approval, or you are charged with a new section 625 violation. Notice results in summary revocation or suspension of the restricted license. A charge is enough; a conviction is not required.
These are descriptions of the statutes, not a prediction. I do not promise outcomes, and I tell you where you stand.
Common questions about a second offense OWI in Michigan
Can the court take my car after a second OWI conviction in Michigan?
Possibly. For a second offense within 7 years under MCL 257.625(9)(b), the judgment of sentence may require forfeiture of a vehicle you own in whole or in part, or its return to the lessor if you lease it (MCL 257.625n(1)). It is discretionary, and multiple section 625 convictions on your driving record weigh heavily toward forfeiture. If the vehicle is not forfeited, immobilization is ordinarily called for instead.
How do I challenge a Secretary of State license revocation after a second OWI in Michigan?
The sentencing judge does not control your license: under MCL 257.303(3) the Secretary of State revokes under subsection (2) notwithstanding a court order unless the order complies with MCL 257.323. An appeal to a hearing officer must be in writing and filed with the Secretary of State within 14 days after the final determination (MCL 257.322(2)). A petition for circuit court review must be filed within 63 days after the determination is made, or within 182 days for good cause shown (MCL 257.323(1)).
If I enter sobriety court on a second OWI in Michigan, what can end my restricted license without a new conviction?
Several events can. Under MCL 600.1084(7) the specialty court judge must immediately inform the Secretary of State if the court removes you from the program, learns you drove a vehicle without an interlock or tampered with, circumvented, or removed it without approval, or you are charged with a new section 625 violation. Notice results in summary revocation or suspension of the restricted license (MCL 600.1084(8)). A charge is enough; a conviction is not required.
Related Michigan pages
- Grand Rapids OWI lawyer
- Grand Rapids first offense OWI lawyer
- Grand Rapids high BAC OWI lawyer
- Grand Rapids OWI license and implied consent lawyer
- Grand Rapids criminal defense lawyer
- Grand Rapids probation violation lawyer
- Michigan legal FAQs
- Section on Michigan drunk driving laws
- Michigan appeals lawyer
My Michigan FAQs on second offense OWI give short answers with the statute or court rule behind each one (4 answers).
Law Offices of Mitchell S. Bisson, 2828 Kraft Ave SE, Suite 295, Grand Rapids, MI 49512, serving Kent County and West Michigan. Your Rights, My Fight!
Contact me 24/7 by text on WhatsApp. Charged with a second-offense OWI in Kent County? Call for a free initial consultation: (616) 213-3327 | MBisson@BissonLegal.com
This page provides general information about Michigan law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Consult a licensed attorney about your specific situation.