DUI in Macomb, Oakland or Wayne County - Is Counseling or Treatment a good idea?
Because a substantial part of my Practice as a Criminal Lawyer involves DUI (technically OWI) cases, I speak with a lot of people, and answer a lot of questions about these cases. One of the more common questions I am asked is something like "should I get into some kind of Counseling or Treatment Program?" Here's some good news: this is one question that has a pretty clear-cut answer.
Let me begin by first pointing out that my Practice is limited to Macomb, Oakland, and Wayne Counties. On occasion, I'll take a case in St. Clair, Lapeer, or Livingston County, but I go no further, and thus I have no experience anywhere else. Let's also begin with the kind of cases where the answer to that question is always "YES."
In all Second Offense OWI (DUI) and Third Offense OWI (DUI) cases, the law requires that a person who is found guilty of, or pleads guilty to such a charge, to undergo some kind of Counseling or Treatment. In other words, if a person ends up with a 2nd or 3rd Offense DUI (All 3rd Offense Cases are Felonies, and there is nothing higher than a 3rd offense; even a person's 7th DUI is only charged as a 3rd) and they do not "beat" the case, they must be ordered, by the Judge, into some kind of Counseling or Treatment.
Now, given that a person is going to have to get into some kind of Program, it only makes sense to start that process early. No matter what the facts of a person's case, it can only help matters to have a Client who has already demonstrated the foresight to take action regarding a drinking issue. And make no mistake, because all 2nd and 3rd Offense DUI's fall under what in Michigan is known as the "Repeat Offender Law," it is generally assumed anyone with 2 DUI's within 7 years, and 3 or more within their lifetime, has a problem.
As a Lawyer who represents people facing DUI charges, I can, in cases where "winning" or "beating" the charge is not likely, very often negotiate a better outcome for my Client if I can show the Prosecutor that the person has already been proactive enough to get some kind of help.
