The last article on this blog was about 3rd offense drunk driving charges in Michigan - specifically in the Metro-Detroit area, meaning Wayne, Oakland and Macomb Counties. I want to continue and extend that discussion a bit, not so much from my side of the desk, but rather from the client's side. I think it is crucial that, in my role as a Michigan DUI lawyer, I understand and empathize with the concerns and experiences my clients will have as they face what is to them, at least, the great unknown. We all know a DUI is scary; a 2nd offense is always scarier than the 1st, and a 3rd is exponentially more intimidating than the 2nd. Fear of the law and the consequences it threatens is all part and parcel of dealing with a felony DUI, but when you think about it, pretty much anyone facing anything unknown to him or her will always have at least a bit of reticence, if not outright worry, about what lies ahead. Understanding how a person feels is key to helping him or her successfully work through those issues.
It kind of goes without saying - but I'll say it anyway - a 3rd offense DUI changes everything. In the short run, it changes the way you see things. Beyond being scared, your very sense of permanence is affected. If, for example, you had a work project coming up in a few months that you were dreading, you now worry if you'll even be around to tackle it. The thought of getting time in jail is way more dreadful than just about anything else. Suddenly, that work project doesn't seem so bad. In the long run, a felony DUI charge will certainly change the way you interact with the world around you. Absent getting the case thrown out of court, you can expect to be placed on probation, to be required to complete counseling, and to submit to testing to make sure you remain alcohol free. Your sense of self is certain to be impacted as you carry out these obligations. It helps to have an ally who is in tune with this and knows how this affects you. It is human nature to feel that your circumstances are "special." It is also good to be reminded every once in a while that you are indeed special and unique - just like everyone else.
Someone on the outside may not believe this, but the vast majority of my 3rd offense DUI clients are very successful people; many are professionals. A sizable number of my clients have advanced degrees. These are people who NEVER would have thought they'd find themselves in this position. And if that's not bad enough, in many cases they can't tell their employer, and otherwise have a very limited circle of people who can know about their predicament. Given the general "largeness" of a 3rd offense drunk driving, it is quite hard to keep this secret from everyone. Certain consequences of the case begin to affect you right after your arrest, in some cases even before you are released from jail. In some courts, you won't be released until you're "hooked up" for testing. This can involve anything from an ankle tether (called a "SCRAM tether), an assigned color for call in breath and/or urine testing, to the more modern Soberlink device, which is a cellular unit that takes jpeg picture of you as you take a breath test, and then transmits the image and the result to a monitoring facility.