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Drunk Driving Is A Serious Offense.
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Dustin Cowhig, a repeat DUI offender has escaped a felony DUI charge due to a clerical error. Cowhig was arrested for his third DUI offense on September 5, 2012 when an officer claimed Cowhig ran him off the road while driving 20 mph over the speed limit.
(Related: DUI First Offense)
Circuit Court Judge Randall D. Smith dismissed the charges which prosecutors say was because Cowhig had already plead guilty to a lesser charge of reckless driving regarding the same incident and could not be charged with DUI using the same set of facts. Following the dismissal of the felony, Cowhig was released from the Chesapeake Correctional Center where he spent six months awaiting his trial.
(Related: DUI Second Offense)
In 2010, the repeat DUI offender was arrested in a hit and run accident where his blood alcohol content (BAC) level was .30%, nearly four time the legal limit. Cowhig was arrested for a second time on December 11, 2011 after running a stop sign and failing the alphabet test administered by the arresting officer. During the second arrest Cowhig’s BAC was .26%.
(Related: What to do when pulled over for Drinking when Driving)
During his third DUI arrest he refused to submit a breathalyzer test and if convicted, he could have faced up to five years in jail. Aneka Williams, the Commonwealth’s Attorney, thought that the paperwork listed a reckless driving statute for speed, which would have made charging Cowhig with two separate offenses possible. The incident is being labeled a one-time error and prosecutors have reminded the Chesapeaker Police Department not to charge a driver with both general reckless driving and DUI.
Even for a DUI first offense, you face serious potential punishments. Depending on the judge you draw—and we know which ones have a history of tough sentencing—jail time is a real possibility.
What’s more, in cities throughout Oakland, Wayne, and Macomb Counties, you’re up against hardened prosecutors and career politicians who are measured by the frequency and severity of their convictions. Especially with drunk drivers.
This is not the time to experiment with self-representation or plead to the charges “just to get it over with.”
Repeat DUI (OWI) Offenders
At Rudoi Law, we have the OWI (DUI) expertise you need. We understand the criminal system. We know the defense strategies that have won in court. And we understand the judges and prosecutors working in Metro Detroit today. We’ll give you the tough defense you deserve, all while demystifying a complex process.
What’s more, we understand the needs of our clients. Battling for your future can be emotionally draining. And for many people, a first offense DUI is the only trouble they’ve had with the law. That’s one of the reasons why we work so hard. We believe one mistake shouldn’t mar a lifetime of work or cost you your freedom.
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