Michigan Criminal Defense Lawyer Blog

In part 3 of this article, we continued our examination of coming to grips with, or Denying the existence of an alcohol problem in a 2nd Offense DUI.

In this 4th and final installment, we'll recap and summarize our prior analysis, and attempt to put this whole subject in perspective, focusing on, more than anything else, how this process plays out in Court.

At the outset, we observed that, with only RARE exception, anyone facing a 2nd Offense DUI falls squarely into 1 or 3 categories:

1. Those in Denial, or who just don't see a problem (yet),
2. Those who know something is wrong, but think they can learn to control or fix it, and
3. Those who finally have the light switch flipped and really get it.

In my Practice, I can usually be of significant help to those in the third category, who have had the light switch flip. I can work with them to understand the various kinds of Counseling and Treatment options, and help guide them into one which will not wear them down, either emotionally or financially. Because that commitment to Sobriety is usually rather strong at first, we can capitalize on that as we handle their case.

Those in the second group can also be helped quite a bit, but they have to give up control. In fact, it's ironic that The Serenity Prayer, often read in AA, talks about just that; giving up control and accepting those things which a person cannot change:

God grant me the serenity
to accept the things I cannot change;
courage to change the things I can;
and wisdom to know the difference.

It's that passing of the controls to someone else, who knows a lot more about the whole process than does the person facing the Charge, that's necessary in order to produce the best outcome in a 2nd (or any) DUI case. Not to be too cynical, but a person must see and understand that their best thinking got them where they are.

The hope of the Court, and really that of everyone affected by a person's 2nd DUI, is that they will eventually see the light and come to accept that their drinking needs to be put in the past. Simply NOT being adamant that they don't have a problem, while not really a "first step," is at least not a step in the wrong direction, either. We can work with that.

Continue reading "Michigan OWI 2nd Offense and the Issue of a Drinking Problem in Macomb, Oakland and Wayne Counties - Part 4" »

In part 1 and part 2 of this article, we examined how a person facing a 2nd Offense DUI can almost always be placed into 1 of 3 categories: Those who "get it," and begin a life of Recovery, those who are starting to "get it" and begin the difficult process of self-examination, and those who just don't "get it," and are in Denial.

In other blog articles, and on my website, I have noted that, whatever happens to anyone, in any DUI case, it is almost always EXACTLY what is recommended by the Court's Probation Department as a result of the Legally required Alcohol Evaluation.

If you're facing a 2nd Offense, then you'll surely remember this. By Law, before a Judge can Sentence someone for a DUI, they must undergo that Mandatory Alcohol Evaluation. This is a written test which is given a numerical grade, or score. The higher the score, the more likely it is that a person has, or will develop an alcohol problem. The lower the score, the lower that likelihood.

The Probation Department, which administers this test and then writes the Sentencing Recommendation to the Judge, bases that Recommendation upon the person's test score, more than any other factor.

Whatever kind of Counseling, Rehab or Treatment is given is usually exactly what was Recommended by the Probation Department.

Interestingly, it has always been important for a person to score as low as possible on this test, no matter what the other circumstances of their case. In other words, even though the Law presumes an alcohol problem in a 2nd or 3rd Offense case, there is simply no benefit to going in and racking up a bunch of points that make that problem look all the worse.

Thus, both the Client and I have to walk on both sides of the fence: Treating the case as the moment of epiphany and the prime catalyst for addressing their alcohol problem, or at least beginning to recognize that problem, and making sure that problem is NOT seen as any more severe, or deep seated, than it can otherwise be made to look.

Fast-forwarding a bit, when the person is finally standing in front of the Judge to be Sentenced, who do you think is in line to get the best break? Remember, we're talking about 3 kinds of people:

1. Those in Denial, or who just don't see a problem (yet),
2. Those who know something is wrong, but think they can learn to control or fix it, and
3. Those who finally have the light switch flipped and really get it.

Continue reading "Michigan OWI 2nd Offense and the Issue of a Drinking Problem in Macomb, Oakland and Wayne Counties - Part 3" »

In part 1 of this article, we began examining how those facing a 2nd Offense DUI either outright recognize they have an alcohol problem, are beginning to sense something is amiss with their drinking, or are just plain in denial regarding their use of alcohol and the problems it creates.

What's all this got to do with a 2nd Offense DUI? More than you might imagine.

Earlier, I noted that except for those very few 2nd Offenders who really do not have an alcohol problem, all the rest fall into 1 of 3 categories: Those who get it, those who are starting to get it, and those who simply don't get it. We began by examining those who seemed to have the light switch flipped, and who suddenly seemed to "get it." Next, we talked about those who seemed to be starting to get it. Whatever their level of discomfort about their drinking, these individuals are struggling with the consequences created by their drinking behavior. Whether they make accommodations, or just plain cover their tracks, there is at least a restless sense that something's not right.

It's those who simply don't get it that help put things in perspective. In the local Detroit area, there isn't a Judge on the Bench who isn't keenly aware of the fact that, statistically speaking, the overwhelming majority of DUI 2nd Offenders have a drinking problem. Some Judges will go so far as to outright tell anyone with a 2nd Offense that it is a fact that they have a problem, citing the statistical improbability that they DON'T have a problem as about the same as alien abductions. They say, in short, that "if you're in front of me for a 2nd Offense, you've got a problem. If you think not, then you're about the only one who believes that."

Those who don't get it, and who insist that they're just unlucky, have the almost impossible task of convincing the Judge that they really don't have a problem. It's not a strategy I would use, at least if I wanted to make things better, and not worse.

In essence, this means that getting popped for a 2nd DUI puts a person in the position of being presumed to have a drinking problem. To put it another way, at least as far as standing in front of a Judge is concerned (and nothing else matters nearly as much in a DUI case), it's a foregone conclusion that picking up a 2nd Offense DUI means you have a drinking problem. To argue otherwise is not only an exercise in futility, but quite likely to make things worse.

So who do you think is likely to have it easier? The person who comes to Court, already in the appropriate Counseling or Treatment, and who say's "I'm addressing my problem," the person who says "I think I might have a problem here," or, the one who maintains "I don't have any kind of problem, I'm just unlucky, and used poor judgment in driving that day?"

Continue reading "Michigan OWI 2nd Offense and the Issue of a Drinking Problem in Macomb, Oakland and Wayne Counties - Part 2" »

There is nothing good about picking up a 2nd Offense DUI charge anywhere. In fact, depending on where the charge arises, it's fair to say things simply go from bad to worse. This article will focus on those individuals who use that 2nd Offense charge as a life-changing wake up call and start dealing with a drinking problem, and how that can positively affect the outcome of their case. This article will be based upon my 20 years' experience as a DUI Lawyer who has made a nearly lifelong study of Alcoholism and Recovery, and how those concepts are so fundamental to handling DUI cases. It's a long, involved subject, so our discussion of it will be broken into 4 installments.

The exact statistics are debatable, but it is safe to say that the overwhelming majority of people who pick up a 2nd Offense Drunk Driving charge have an alcohol problem. Under Michigan Law, a 2nd Offense DUI within 7 years makes a person a "habitual offender," resulting in additional penalties and mandated alcohol treatment. In other words, the State basically concludes that a person who gets a 2nd OWI within 7 years has an alcohol problem.

Except for the truly rare person facing a 2nd Offense DUI who DOES NOT have an alcohol problem, there are really 3 kinds of people in this situation:

1. Those in Denial, or who just don't see a problem (yet),
2. Those who sense something is wrong, but are struggling to control or fix it, and
3. Those who finally have the light switch flipped and really get it.

Let's first talk about that 3rd group. Very often, when I meet with someone who really "gets it," they talk to me in terms of "surrender, " being sick and tired of being sick and tired," and "not being able to lie to myself anymore." I'm often told that as they sit in the Jail cell, waiting for whatever is going to happen to happen, they realize that the common denominator to all the crap and trouble in their life is alcohol. Quite often, this "epiphany" is more a confirmation of a lingering feeling they've wrestled with than a surprising "a-ha" moment.

I think that most people fall into the 2nd group, those who can no longer deny that there is some kind problem, but who have not yet clearly defined it. These are the people who have had, to some extent or other, that "lingering feeling" I mentioned in discussing those who finally "get it."

At a minimum, most people sitting in jail waiting to be Bonded out on for a 2nd DUI know they "can't do that again." Exactly what that means will be the subject of an internal debate raging inside them. And this provides a convenient stopping off point to discuss what I see, time and time again, as one of the hallmarks of a drinking problem and one of the landmarks of Recovery.

Continue reading "Michigan OWI 2nd Offense and the Issue of a Drinking Problem in Macomb, Oakland and Wayne Counties - Part 1" »