Many of my blog articles in any given week are the result of something that happened in the preceding few weeks. Recently, I had an experience while handling a DUI case in a local, Detroit-area Court that reminded me to always keep my eye on the "bigger picture." This article will focus on that "bigger picture" in a DUI case pending in Macomb, Oakland or Wayne County. Sometimes, we can lose sight of that bigger picture as we get caught up in all the details of something. Sometimes, in a DUI case, we can lose sight of the fact that the "bigger picture" is about alcohol.
As a Michigan DUI Lawyer, I spend a lot of my time examining evidence in Drunk Driving cases. This can range from visiting the scene of a DUI Arrest to watching the video of a DUI Traffic Stop, the Field Sobriety Tests and the "booking" video of a person being brought into the Police Station to be processed and take a Chemical Breath Test. No matter how "solid" a case may look, or feel, I have to examine it from every angle, and leave no stone unturned in my quest to find a problem with the evidence, or some other factor that will allow me to have the case dismissed, or knocked out somehow. Even when I don't find some "fatal" flaw with the evidence, I usually find something that I can use to drive a much better deal for my Client.
It goes without saying that you won't find something unless you look for it. Examining the evidence in a DUI case is a lot like digging for gold, in the sense that it takes a LOT of digging to find any gold. Statistically, it's not a very high percentage of DUI cases that wind up getting dismissed outright. Everyone has heard horror stories about how tough this or that Judge in the Detroit area is on DUI Drivers. By contrast, how many stories have you heard about a particular Judge known for throwing DUI charges out of Court? Can you imagine the political fallout for being the Judge who dismisses ANY appreciable number of DUI cases? Remember the recent election, and the ads accusing various Judges and candidates of being "easy" on some rapist, or other criminal?
Realistically, there is almost NO political downside to being the Judge who is too tough on Drunk Drivers. The opposite, however, is not true.
The point I'm driving at is that while I work hard to find a way to beat a DUI charge, it certainly does not happen in the majority of cases. And for all the wonderful sales pitches a person facing a DUI charge will hear as a potential customer of legal services, the simple fact is that most DUI charges are not thrown out, period. In fact, according the Michigan Secretary of State:
In 2010, 41,883 alcohol and drug-related driving arrests were made. Male drivers were three times as likely as female drivers to be arrested for impaired driving, with 31,021 men arrested compared to 10,862 women. There were 41,887 persons convicted of operating under the influence of liquor or other impaired driving offenses. Some of these convictions include arrests made in prior years.Beyond all of the technical and legal considerations we toss around as we look for a defect in the evidence of a DUI charge, we sometimes overlook that those very rules and technicalities are in place to prevent an innocent person from being convicted of a crime they did not commit. At least in theory, the whole point of critically examining and challenging the evidence is to make sure a person who did not have too much to drink doesn't get convicted of a Drinking and Driving Offense.