Michigan Criminal Defense Lawyer Blog

In the first part of this article, we examined the steps in a DUI case from Arrest to Pre-Trial. In this installment, we'll pick up at the Trial stage. This assume that any prior Pre-Trials have been unsuccessful in bringing about an agreement to resolve the case.

If there are doubts as to the validity of the Traffic Stop, or the evidence collected, or method of collection, then an Evidentiary Hearing is set where the Defense Lawyer challenges the Stop of the Evidence, and seeks to have it excluded, or "thrown out." This type of Hearing takes place before any Trial is commenced.

A Trial is either conducted by Jury, or by a Judge sitting without a Jury. This latter proceeding is called a Bench Trial. Often, when it seems that the case will be resolved, one way or another, without the need for an actual Trial, the matter is scheduled for a Bench Trial so that the Arresting Officer, and any other necessary witnesses will be present along with the Prosecutor and Defense Lawyer.

If a case actually goes to Trial, the result of that Trial is called a Verdict. A Verdict in a DUI can either be Guilty, Guilty of a Lesser Charge, or Not Guilty. If a person goes to Trial and beats the case, then the matter is over, period.

Very few DUI cases actually go to Trial. Instead, and as mentioned above, the vast majority of DUI cases are worked out though the Plea Bargaining Process.

If the person enters a Plea, or is found guilty after a Trial, then 2 more dates are set. The first is for the legally required Alcohol Assessment. The second is for the actual Sentencing date.

By Michigan Law, prior to being Sentenced, a person must undergo a mandatory Alcohol Assessment. This is often called a PSI, which means "Pre-Sentence Investigation." The PSI is conducted by the Court's Probation Department in every Court except the 72nd District Court in Marine City, which farms it out to one of a few local Substance Abuse Counseling Programs. This is by far the most important part of any DUI case, because the end result of this process is a written recommendation to the Judge advising him or her what should be done with and to the person who got the DUI. And in almost every case, that recommendation can be considered a blueprint for what the Judge will do.

Continue reading "The Steps in a Michigan Drunk Driving (DUI) Case - Part 2" »

As a DUI Lawyer who also writes this Blog, I have tried to explain how a DUI case works in detail. I think my Drunk Driving section pretty much examines every aspect of a DUI case under a microscope. One thing I haven't done yet, however, is to really just lay out the steps in a typical DUI case without a lot of in-depth examination.

This article will cover the steps anyone facing a DUI will inevitably go through as the case goes from beginning to end. Because of the amount of material we'll be covering, even this somewhat topical review will require the article to be broken into 2 installments.

First, lets begin with what precedes a DUI case. Before a DUI "case" can be made, there must be an Arrest for Drunk Driving. And note that an Arrest for a DUI does not actually begin a "case." The "case" part of things only comes about when that Arrest results in a Court-authorized charge for DUI.

So an Arrest is a necessary prerequisite to a DUI case. Following the Arrest is the trip to the Police Station, and the Breathalyzer (or blood) test. Typically, a person is held in custody until their Bodily Alcohol Content (BAC) is low enough for them to be legally and safely released. If the Police let an intoxicated person post Bond and go home, they would be liable if the person was injured, or injured someone else because of their intoxication.

In most jurisdictions, a person will be released the next day, after either posting a small, interim Bond out of their own money, or having someone come up to the Police Station and post the Bond for them. While most often in the amount of $100 to $300, sometimes a person can be required to put up as much as $500 before the Police will release them.

In these jurisdictions, the Police let the person post a Bond with an understanding that they'll either be contacted by the Court, or have to contact the Court on their own within a specified number of days.

In a minority of jurisdictions, a person is brought before a Judge or a Magistrate the next day for an Arraignment. Arraignment is the very first step in what can be described as making a case "official." At an Arraignment, the Defendant is told exactly what charge or charges are being brought against them, informed of the maximum legal penalties that can be imposed upon them for each charge, advised of their Constitutional Rights, asked how they plead (to which everyone should respond "Not Guilty"), and then have their Bond amount set. This Arraignment can either be done in person, by bringing the person into an actual Courtroom, or by closed-circuit video, where the Jail has the person sit in a "video room." At the conclusion of the Arraignment, the person will either be given their next Court date, and/or will be told that a Notice of that date will be mailed to them.

Continue reading "The Steps in a Michigan Drunk Driving (DUI) Case - Part 1" »

In Part 1 of this article, we had an overview of what it means to get "the least amount of consequences possible" in a DUI case. As we ended that general discussion, I observed that "the least amount of consequences possible" really means "the least amount of consequences possible in your particular case."

In this second part of the article, we'll examine what that specifically means.

As an example, earlier today I handled a DUI for a fellow in an Oakland County District Court. This particular Court is FAR AND AWAY the toughest Court on DUI's in the Metro-Detroit area. It's easily twice as tough as the next toughest Court, at least where I go. The outcome of this case will invariably be different than the outcome of an identical case pending on the other side of Dequindre, in a Macomb County District Court. To put it mildly, a person who got "pounded" in a typical Macomb County District Court would still have far less "consequences" than a person who catches as good a break as possible in the Oakland County District Court where today's case was heard.

Oakland County is generally tougher on DUI's than Macomb, and Wayne County (at least those Courts in which I Practice) can be described as somewhere in the middle. Some Wayne County District Courts are as "lenient" in a DUI as many Macomb County Courts, while others are much more like their Oakland County counterparts. Those are essentially geographic factors.

In any Court with more than one Judge, each will have his or her own perspective on these cases. This means that a case assigned to one Judge may turn out differently than if it had been assigned to another Judge in the same Court.

There are other factors which affect a case, as well. In an earlier article, I examined how a person's Breathalyzer results can affect their case. A person caught with a .12 Bodily Alcohol Content (BAC) will be treated differently (meaning less harshly, which really means "less consequences") than a person caught with a .21 BAC, all other things being equal.

When someone is Arrested for a DUI and has a child under 16 in the car, they are usually charged with Child Endangerment. this ramps things up. If there was an accident involved, things likewise get ramped up a bit. It's the Lawyer's job to turn those lemons into lemonade, and help everyone cool down about the situation.

Can you see how a person with a really high Bodily Alcohol Content (BAC), who had a 12 year old in the car, was involved in an accident, and got popped in a tough Oakland County community will be looking at a very different picture than a person who got caught, driving alone, with a low BAC, in Macomb County?

Continue reading "Michigan DUI - The Least Amount of Consequences Possible in Your Case - Part 2" »

In my DUI Practice, I speak daily with people who have been Arrested and have to deal with Drunk Driving Charges. In most of the DUI articles on this Blog, I have tried to explain the DUI Process, and many of the things that are involved in such a case.

One phrase that comes up quite often is that the person facing the charges will tell me that they want to resolve the case with "the least amount of negative consequences possible." While I think a closer reading of the many articles on this Blog would clearly show that "damage control" is job number one for any Lawyer, I thought that, in this article, we'll discuss that issue alone, and not as an implied subject in a larger discussion.

From my point of view, that's what you hire a Lawyer for in the first place. A Lawyer has a very simple mission in a DUI (or any Criminal Case, for that matter) case: Either get the case thrown out, beat it at Trial, or work it out in the best way possible for the Client. Given that relatively few cases are simply "thrown out" or beaten at Trial, this means that the overwhelming majority of cases will involve some kind of a Plea Bargain, and/or a Sentence Agreement or Recommendation.

Let's be very clear here: Statistically speaking, if you're facing a DUI and you are hoping that some Lawyer can just get the case "thrown out," or that the Police screwed up the Arrest and the Evidence gathering so badly that the case can be easily beaten at trial, you're betting on an extreme long-shot.

In a previous article about How the Rich and Famous Beat DUI Charges, I pointed out that, in fact, they usually don't. The purpose of that article was to demonstrate that even for those with unlimited financial resources to "Lawyer up" and fight every facet of a DUI case, every celebrity that I've heard of who got popped for a DUI wound up cutting a deal. None of them gets the case "thrown out," and none of them winds up being acquitted of the charges after Trial, either. They step up, admit responsibility, and (hopefully) move forward while they put the whole episode behind them.

What does that mean to you, if you're facing a DUI? It means that (again, statistically speaking), absent some bizarre circumstances in your case, you'll be working out a deal to minimize the negative consequences of your case. And that means your Lawyer will be doing damage control.

Continue reading "Michigan DUI - The Least Amount of Consequences Possible in Your Case - Part 1" »

At the outset, I'll admit that the tone of this article is sarcastic. My DUI Practice involves handling real-life cases for real-life people. From time to time, I hear about someone having spent a royal fortune in an attempt to "beat" a case, only to wind up "discovering" that the case against them was rock-solid. Then they cut a Plea deal, having spent thousands more than they otherwise would or should have if they had been told, up front, what the real chances were that some high-priced Lawyer could just get the whole thing "thrown out." That makes me mad.

I find it frustrating, at times, to accept that people are far more willing to shell out money for what they want to hear, rather than for what they need to, or ought to, hear. In other words, the appeal of having a DUI case dismissed outright is so strong, that any number of people will plunk down a ton of cash just for the chance to buy into that hope.

So that got me wondering about all those Hollywood Celebrities who seem to get popped every week for DUI. Why is it that for every one I hear about getting arrested, I hear about another being placed on Probation for an earlier arrest?

From what I can tell, they certainly have the money to hire some big-time Lawyer who can challenge the evidence every which way under the sun in an effort to get the case dismissed. And if getting the case dismissed costs only what can be called "pocket change" to them, why would they do anything else?

Because, for a very good reason, the overwhelming majority of DUI cases are resolved by a Plea bargain. Most cases are "solid." For almost every case where some aspect of the DUI process has been held to be unlawful, or legally unsound, there has been a corrective action on the part of the Police to eliminate the problem. The DUI process is designed to comply with the Law. When some aspect of that process is found to not be in compliance, and adjustment is made.

Why do you think we have Breatlayzer tests in the first place? To provide evidence of a person's Bodily Alcohol Content (BAC) at or near the time of their arrest. While there is a certain protocol that must be followed when administering these tests, and while there is a certain "margin of error" inherent in these tests (and every test I've ever heard of, for that matter), those cases which are so profoundly flawed in failing to follow that required protocol, or in which the margin of error, for some reason or another, renders the test results so unreliable, are the exception, and not the rule.

Otherwise, every single celebrity popped for a DUI would just "Lawyer up" and get the case dismissed. But that doesn't happen.

Continue reading "Michigan DUI - How the Rich and Famous Beat the Charges" »

In Part 1 of this article, we examined the range of realistic outcomes in a DUI case, particularly a 1st Offense case. In this second part of the article, we'll focus on how and why those outcomes happen, and what can be done to help insure that the most lenient, as opposed to a more severe outcome, is produced.

By Law, prior to the Judge imposing Sentence on a person with a DUI conviction (meaning they've pled to some alcohol-related charge, or were found guilty of one), the person must undergo a mandatory Alcohol Evaluation. This means they take a written test. This test is scored. The score a person gets determines, in essence, what will happen to them. The higher the score, the worse things are, whereas the lower the score, the less likely the person is to have, or to develop, an alcohol problem.

Beyond the test, every Court in the Tri-County area requires that the person also be interviewed by its Probation Department. The whole of this interviewing and testing process is often called a "PSI," or Pre-Sentence Investigation.

The Probation Department then makes a written report to the Judge, to be reviewed for Sentencing, advising what they think, based upon their interview and the person's test score, needs to be or should be done to them. In other words, the Probation Department recommends what the Sentence should be.

As I have noted in numerous places in both my Blog, and on my Website, these "recommendations" are more accurately called "blueprints" for what will happen, because in pretty much every Court, and in every case, what the Judge orders is usually either exactly in line with the recommendation, or darn close to it.

Think of it this way: If the Probation Department said Jane Doe had the potential to develop an alcohol problem, and was currently at the stage where it appeared she is abusing alcohol, and therefore should complete some classes, what do you think the chances are that some Lawyer can come along and convince the Judge that that's baloney, and no classes should be ordered? Do I hear a "zero" anywhere?

Thus, at the point where the Probation Department has made its recommendation, the Lawyer's influence in the way the rest of the case will play out has been reduced to minimal, at best.

So beyond negotiating a Plea Bargain, or getting a Sentence agreement to "no Jail" in a 2nd Offense case, what more can the Lawyer to do? Lots. Let's look at specifics:

Continue reading "Michigan DUI - What Really Happens in Macomb, Oakland and Wayne County - Part 2" »

A substantial part of my Practice involves handling DUI cases. In that regard, I have noticed that much of what's said or written about Drunk Driving involves the legal particulars of the Stop, the Arrest, and the Evidence. Beyond that, the next most common topic seems to be staying out of Jail.

I think those two subjects appeal to most people's hopes and fears, more than anything else. What I mean is that suggesting to someone that there is a chance of having the whole case thrown out because of some technicality with the evidence appeals to their hopes. Telling someone they can be kept our of Jail appeals to their fears.

The point of this article is to explain that, at least in the Detroit-area, the vast majority of DUI cases result in neither outcome, and that perhaps a better, more realistic examination would focus on what's likely to happen in most cases. Rather than look at the rather unlikely outcomes that could happen when a person gets an OWI, we'll look at what really happens to the overwhelming majority of those facing such a charge.

Let's sharpen the focus even more: We're are pretty much saying that those who shout "get the case dismissed because of the Traffic Stop...!" and things like "the Breathalyzer machine isn't believable...we can beat this case...!" have an approach that seeks to capitalize on what may or may not exist in a small percentage of cases. Meanwhile, those who shout "I can keep you out of Jail...!" are promising a result that is already the likely outcome of a DUI (at least a 1st Offense, in pretty much every Court in the Detroit-area), even without their help.

What is it that a DUI Lawyer can really do, in most cases, to benefit his or her Client?

The answer, it turns out, is pretty simple: Make things better.

Let's talk about specifics: When a person gets a DUI, all sorts of things go through their mind. Obviously, we've covered 2 of the biggest: "Beating" the case, and staying out of Jail. Beyond that, however, are plenty of other, real life concerns: Will I lose my Driver's License? Will I be sent to Rehab? Will this cost me my job?

It's managing (meaning minimizing) those consequences, except in the unusual case that may be dismissed because of some fatal weakness, that is the honest business of a real-life DUI Lawyer.

Continue reading "Michigan DUI - What Really Happens in Macomb, Oakland and Wayne County - Part 1" »

As a DUI Lawyer, my focus is on extracting my Client from as much trouble as possible. While Legal Fees are an important issue to both me, and my Client, those fees are just one of several costs involved in a Drunk Driving case. In the same way that a physician generally cannot and does not concern themselves with the associated costs involved in properly treating an ailment, (meaning things like bandages, physical therapy, prescriptions, etc.), a Lawyer does not have a specific price figure available to tell someone how much a DUI will ultimately total once all associated fees and costs are calculated.

It can be generally observed that the better the consequences are managed, the less the whole debacle will cost.

There are a few things that are pretty much written in stone, however, when it comes to the cost of getting popped for a DUI. Here are 2 that top any list:

1. It's going to cost, and it's going to cost a lot. Even if you have been completely and totally wrongfully arrested for a DUI (which is, in itself, not a very common occurrence), just demonstrating that is going to require a substantial Legal Fee.

2. Unless the case is somehow dismissed, or "knocked out," there will be lots of additional costs and fees for about 2 to 3 years to come. They run into the thousands of dollars.

I was motivated to write this article precisely because, as a Drunk Driving Lawyer, my primary concern is to protect my Client from as many potential consequences of a DUI charge as possible. Some of those consequences are purely financial in nature, but others, like going to Jail or getting stuck in some Rehab, are not. Let's examine some of the money consequences of a DUI charge in the following paragraphs.

First, let's assume we're talking about a case that is not so weak that it will be "thrown out," or dismissed for some unlikely reason. Instead, we'll assume that we're talking about the garden variety, "got-pulled over for weaving at 2 a.m." kind of DUI.

The Arrest itself will cost money. Many cities and townships have "cost recovery statutes" that mandate that a person pay back the municipality for the police time, and supplies involved in their arrest, booking, and jailing. These costs can range from $150 to $350.

Getting out of jail the next day will often cost money. Sometimes, a person is let out after someone comes up and posts a $100 "Interim Bond," while in other cases, the person is held until they can be brought before a Judge or Magistrate and have a formal Bond set. These bonds can range from $100 to $750.

Continue reading "Getting a DUI in Michigan - It's Going to Cost a Lot!" »

As a DUI Lawyer, almost every case I handle involves the Client having performed some Field Sobriety Tests before being arrested and charged with the Misdemeanor Offense of DUI. Sometimes, the Client will tell me that they did well on them, but the Police Officer just kept giving them more and more to do, until they eventually failed.

Of course, what any DUI Lawyer hopes for is that the Police Car was equipped with a video camera, which was running, while the Client did, in fact successfully perform all the field sobriety tests. To say those cases are in the minority, however, would be a rash understatement.

In most cases where I have obtained the video, it either shows the Client clearly impaired by alcohol (even though her or she may not have thought so at the time), or fails to show anything one way or the other, leaving the Police Officer's report of the person's failure of one or more of those tests un-contradicted.

There is a whole science to Field Sobriety Tests. That's far outside the scope of this article, and in fact would require a rather long series of them to even scratch the surface. For our purposes, we're going to talk about the generally well-recognized reality that, at the point a Police Officer asks a Driver to perform Field Sobriety Tests, they have essentially made up their mind that the person is going to be arrested.

In fact, I have never even HEARD of a case where a person was given Field Sobriety Tests and then let go. Now, no one calls me when they HAVEN'T been Arrested for a Drunk Driving, so it's not like I'm in any position to hear both sides. Still, I doubt anyone of us has ever met, or heard of a case where a person was pulled over, given Field Sobriety Tests, and then told to be on their way.

Just as a preliminary matter, in every Police Report I have ever read in a DUI case (and as a matter of course, a DUI Lawyer MUST read the report before even thinking about what to do in any particular case), the Officer notes that the Driver's eye's appeared "red," or "bloodshot," or "glassy," and that their speech was "slow,' or "slurred," and that they noticed a "strong odor of intoxicants" coming from the driver as he or she spoke.

Continue reading "Michigan DUI - Field Sobriety Tests in Macomb, Oakland and Wayne Counties" »

As a DUI Lawyer, I have written extensively about this subject, and have frequently talked about "Impaired Driving," or "Impaired." In most articles I have seen, both my own and those written by others, the subject of Impaired arises in a discussion of DUI in general. This article will focus specifically on Impaired Driving, and attempt to explain why it's such a big deal, in so many ways.

If you have been searching for information about a Michigan DUI, or have spoken with anyone who works in the Court, Law Enforcement or Legal System, then you have no doubt heard the term "Impaired."

In Michigan, Drunk Driving, or DUI, is technically called Operating While Intoxicated, or OWI. Not that many years ago, the technical name for Drunk Driving was "Operating Under the Influence of Liquor," or OUIL. When Michigan adopted the national standard setting Bodily Alcohol Content for Drunk Driving at .08, it likewise change the name of the Offense from OUIL to OWI. Under the old OUIL Laws, Drunk Driving in Michigan was defined as having a Bodily Alcohol Content (BAC) of above .10.

Also, under the old OUIL Laws, a person with a BAC of between .10 and .07, was guilty of a less severe form of Drunk Driving, known as Impaired Driving. In essence, Impaired sort of meant driving with a "buzz," while OUIL meant driving while Drunk.

When OWI with it's .08 became Michigan Law, Impaired Driving was NOT abolished. Instead, the old .07 standard was dumped, leaving Impaired with no defined BAC.

This amounted to a HUGE break for anyone who makes a mistake by driving after having had a little too much to drink, especially for those who have had no prior DUI cases for more than 7 years from the date of any new charge. Just to be clear, any 3rd Offense in a person's LIFETIME is a Felony, so we're only talking about 1 prior, here.

The break and benefit of an Impaired is that it carries less severe penalties than does an OWI. Both the old OUIL and its successor, OWI, carry the same penalties. Let's compare the penalties of Impaired to those of OWI, so we can see why Impaired can be considered such a huge break:

Continue reading "DUI and OWI in Michigan - The Big Deal About and Meaning of "Impaired"" »

As a DUI Lawyer, the title of this article makes perfect sense to me. Anyone who holds a CDL undoubtedly understands it as well. The purpose of this article is to examine what happens to a CDL when a person gets a DUI while driving their personal vehicle. If you don't know what the term CDL means, then the good news is that you probably don't have anything to worry about, even if you're facing a DUI. For the curious, however, CDL is an abbreviation for "Commercial Driver's License."

A CDL allows a qualified driver to operate a commercial vehicle. This includes panel trucks and big rigs, and all kinds of other vehicles.

If you have a CDL, and especially if you use it as part of your livelihood, then getting a DUI is devastating. Back in 2005, Michigan increased the penalties for CDL holders to require that all CDL privileges be completely suspended for a full year when a person pleads to, or is found guilty of, any DUI related charge, such as OWI, Impaired Driving, or Operation Under the Influence of Drugs.

The Law itself is very clear. This action is mandatory, and there is no way to Appeal it, or have any kind of "restricted" license. The bottom line here is that if you get convicted of a DUI, even if it involves operating your personal vehicle, your CDL is completely gone for a year.

It certainly is understandable that a getting a DUI while operating a Commercial Vehicle would result in losing a CDL. However, the law here goes much further. It imposes upon a CDL holder a higher standard of driving responsibility than it does on a non-CDL holder, including when a CDL holder is simply doing his or her normal, personal driving. In an upcoming Blog article, we'll examine in more detail just how far this goes, because the law also imposes CDL penalties for a bunch of other offenses, all while the CDL holder is only involved in personal, and not commercial, driving.

Anyone with a CDL can imagine just how devastating this 1-year suspension can be. If a person drives a truck for a Utility Company, for example, they can no longer do that for the year during which their CLD is suspended, although typically, they never lose the right to drive their personal vehicle, except, perhaps, for a short period of dealing with a Restricted License.

Continue reading "Michigan DUI Convictions and the Mandatory CDL Suspension" »

As a Lawyer who is in Court for DUI cases multiple times every week, I read more Breathalyzer results than you can imagine. This article will focus on a very important, but often-overlooked aspect of what's called the "BAC" in a DUI case. This is NOT an article which will discuss the theory of Breathalyzer accuracy and all that. Instead, this article will focus on how Breathalyzer results can and do affect every DUI case that makes it into Court.

Earlier this week, I handled a DUI for a fellow who had been stopped for swerving across the road. After his Arrest, he was taken to the Police Station and given a Breathalyzer test using the Datamaster machine. His test results were .21 and .22. We'll get back to his case, and the example it provides, later. If you are facing, or have had A DUI, then you have most likely met this machine. If not, you probably had your blood taken.

At the conclusion of the breath testing, the machine prints out a form and the person tested receives a copy. That copy is usually pink and looks like a big store receipt. It list details of the test, and the results are titled "BAC." This stands for Bodily Alcohol Content." Sometimes, people mistakenly refer to BAC as "Breath Alcohol Content," or "Blood Alcohol Content."

One of the questions any Lawyer who regularly handles DUI cases will quickly ask a prospective Client is something like "what was your BAC?" That BAC score is very important in determining the severity of a person's case. In fact, that score often provides loads of information about a DUI case, and what's likely to happen as a result.

For starters, the BAC is often used as a "wet thumb test" to make an on-the-spot determination if a person is a big drinker or not. Now I'm not saying that this is scientifically accurate, but I am saying that Cops, Prosecutors, and, most importantly, Judges, look at the BAC as a sort of barometer to determine if a person is a real lightweight, or a big drinker.

Let's look at a few examples: If a person is arrested on a Thursday night for a DUI, and their BAC is .23, then the Judge (or Magistrate) who handles their Arraignment is going to know that their Bodily Alcohol Content was about 3 times the legal limit of .08. That means they were very, very drunk. On the other hand, if they weren't very, very drunk then they are a hardcore drinker. A lightweight, newbie drinker could never get a BAC that high. In other words, a .23 BAC means a person is probably a big drinker, whether they were drunk out of their minds, or not.

Continue reading "DUI in the Detroit Area - How the BAC Breathalyzer Result Affects Your Case" »

As a Criminal Attorney, I generally find myself involved with people at one of the worst times of their life. Since I don't handle things like Rape and Murder cases, I usually represent good, decent people who have simply made a bad decision, or otherwise failed to exercise good judgment and wound up getting caught in a bad situation. Most of my Clients face things like DUI, Possession of Marijuana, or other "victimless" crimes. In that regard, they typically, (and correctly) feel that this instance of poor judgment does not present an accurate picture of the kind of person they are, or what they're all about.

Thus, it's not unusual for me to be asked by a Client facing a DUI, for example, "How long will this stay on my Record?" Then, when I have to tell them "forever..." they usually become a bit frustrated (not at me, thankfully) and respond with something like "So that's it? I'm screwed if I want to apply for a different job?"

You can insert pretty much anything, from getting a job, to getting a degree, or using that degree, or going into some occupation or other, or getting a promotion, or whatever, into that last sentence after the part where the Client says "I'm screwed..."

And although they do, at that moment, feel utterly and truly "screwed," the fact is, no matter how bad it might seem right then, it's almost never as bad as they fear.

An example from my own past is serves as a good example:

Years ago, when my wife and I were buying our first house, we had applied for a mortgage, and had been assured that we would be approved. Based on that, we found our home, and made an offer, which the seller accepted. As the days wound down, our mortgage was still not formally approved. Days came and went, and we found ourselves very near the closing date, with no mortgage approval. The closing day came, and had to be postponed. That next date came, and had to be put off, as well. The seller was freaking out, and we were freaking out. The seller told us that the deal would either have to be closed right away, or it would fall through.

I called my mortgage broker, and explained to his assistant that my deal was about to collapse unless we got that approval right away. In response, he told me that he hears that every day, and not to worry. In truth, I became angry, wondering who in the heck this guy was to tell me not to worry when I darn well knew that my deal was about to fall through! I didn't give a hoot about anybody else's situation; I just cared about mine.

Continue reading "How a Michigan Criminal Record will Ruin Your Career...or Not!" »

As part of my Drunk Driving Practice, I handle lots and lots of DUI cases. The first question any DUI Lawyer has for a potential Client is "Do you have any priors?"

Often, the Client will indicate that they don't have any prior DUI's, but will mention that they had an MIP (which stands for Minor in Possession of Alcohol) when they were younger. This article will look at how a prior MIP (or several prior MIP's) can complicate a DUI charge.

The biggest concern in any DUI case (besides Legal Fees, Court Costs and staying out of Jail) is determining if the person charged has either an alcohol problem, or at least the potential to develop one.

This is why, BY LAW, prior to being sentenced for a DUI (and it doesn't matter whether it's a 1st, 2nd, or 3rd offense), a person must undergo a mandatory alcohol evaluation, sometimes called a PSI, or a Screening, or and Assessment. The Court is supposed to order a DUI Driver into the appropriate counseling or treatment if it is determined that they either have a problem, or present a potential or risk of developing one. This facet of any Sentencing is part of a person's Order of Probation.

Beyond the increased statistical risk that anyone with a growing number of alcohol-related Criminal Offenses has, the simple fact of the matter is that anyone in the Judge's seat sees a prior MIP as evidence of more inappropriate drinking. I often tell my Clients that, in a very real way, the Judge can write the date of that first MIP on a board, and then put the date of the new DUI to the right of it, and connect them with a line, and say "this is how long we know you've had a problem." A person may not be an alcoholic, but having more than one Drinking Offense in your past sure kills any notion of the DUI being an "isolated incident."

It is, of Course, the job of the Lawyer to educate the Client about that mandatory alcohol assessment, to make sure the Client avoids tallying up a score that indicates a problem, or a problem more severe than could otherwise be the case. On these alcohol assessment tests, the higher a person's score, the more severe their alcohol problem, or the greater the likelihood or potential there is for them to develop one. The lower their test score, the better things are.

Continue reading "DUI in Michigan and why Having a Prior MIP Complicates Things" »

In the previous article, we dismissed the scam-notion about someone who knows someone who knows some Lawyer who can get a DUI "dropped" to the Civil Infraction of Careless Driving. In this article, we'll tackle another "urban legend" that has some people literally shaking in their boots when they contact me about their DUI charge. Again, I need to make clear that I only handle DUI cases in the Courts of Macomb, Oakland and Wayne Counties, so although I suspect that what I'm about to say is true everywhere, I can only confirm that it's true in the Tri-County area.

Part of my job as a DUI Lawyer is to make sure my Clients are well-informed. In order to be able to fully explain what will and will not happen in any given case, I believe it's essential for me, at least, to limit my practice geographically so that I appear in the same Courts, in front of the same Judges, day-in and day-out. This allows me to learn how each Judge handles a DUI case, and in turn, I can prepare my Client for what to expect.

The "urban legend" that I hear often enough to warrant addressing is that the Judge who will be hearing my Client's case had a son or daughter killed by a Drunk Driver. In certain cases, it may be that the person has heard that one of the Judge's in a particular Court has suffered this loss, but the point is the same. So let's get rid of this rumor right now:

There is NO JUDGE in any of the Courts in the Tri-County area who has lost a child to a Drunk Driver. Not one.

If there was even a grain of truth to any of this, you would expect that either that Judge would recuse (disqualify) him or her self from hearing DUI cases, or at least have faced a rash of motions for recusal by Lawyers for those facing DUI charges.

But it never happened.

If you or someone you know is facing a DUI charge in the Tri-County area and have heard this rumor, you can take it to the bank that it's absolutely, 100% false.

DUI charges come loaded with enough problems, but this, at least, isn't one of them.

I handle a lot of DUI cases, and I speak with a lot of people facing this charge. Over the years, I have repeatedly heard a few things that could politely be called "urban legends," but that I think are more accurately described as bulls**t. To be clear, I am about to dismiss these notions completely, but once again I must repeat that since I only handle DUI cases in the Courts of Macomb, Oakland and Wayne Counties, I cannot say for sure what happens in other places (although I strongly suspect that neither of these "fables" is true outside of the Tri-County area, either). In this article, we'll deal with the "deal of the century" scam involving the worlds greatest Plea Bargain. In the next article, we'll dismiss another often-mentioned, but never-true rumor.

The first "urban legend" I hear is that someone knows someone else who knows some lawyer who can have a DUI dropped to the civil infraction of Careless Driving. This "deal" is usually available for a hefty legal fee, all paid in advance. This deal does not happen. Ever. Alcohol-related Traffic Offenses are never, ever, ever "dropped" to civil infractions, or any other kind of non Alcohol-related Traffic Offense, except in the most unusual, exceptional and rare kind of case. This kind of case comes along once every few years, at most.

When someone runs this kind of hair-brained idea by me, I first tell them that such "deals" don't happen, and then I suggest that if it's such a sure thing, they should work out some kind of arrangement with the lawyer which provides a refund of some of that hefty fee if the deal doesn't go down as they've been made to believe.

Not surprisingly, that kind of deal doesn't happen, either.

Think about this for a moment; the internet is filled with all kinds of Legal websites dealing with DUI. Some, like mine, detail how DUI cases are usually handled. Others focus on (very expensive) ways to challenge the case, but absolutely none of them even hints at the "dropped to a careless" deal. Could it be that, different as the approaches of the various Legal websites may be, they are all at least above-board, whereas the phantom "deal" which always comes secondhand is a scam?

Listen, if you think a deal like that can be had, let me help you get rich. See, I got an e-mail from this Princess in some far away country who has a few hundred million dollars stuck in her bank account, and in order to get it out, she needs your help....

Read on to the next article to find out which other completely untrue rumor often freaks out someone facing a DUI in any particular Court.

Most Lawyers who write anything at all about DUI cases tend to focus on the Evidence and ways to beat the case. However optimistic those sales pitches may be, the plain truth is that the overwhelming majority of DUI charges result in some kind of conviction. In most cases, after the Arrest, and after a person has been Arraigned, their Lawyer will work out some kind of "Plea Deal" that either reduces the severity of the offense or results in a Sentencing agreement or bargain.

This article will focus on what I consider to be, by far, the most important (and least talked-about) aspect of a DUI case. If the case is not dismissed on some technicality, or unless a person has gone to Trial and been found "Not Guilty," some kind of Plea deal will have been worked out by the Lawyer. By law, after a Plea (or conviction, if a person has gone to Trial and lost), but before the Sentencing can be imposed by the Judge, a person must undergo a mandatory alcohol evaluation.

This consists of a written alcohol-use questionnaire, along with an interview by a Probation Officer. This whole process is called the PSI, or Pre-Sentence Investigation. The end product of this process is a PSI Report, or Sentencing Recommendation. Michigan law requires that this Report be provided to the Judge at or before the time of Sentencing to help him or her decide what to do. On the date of Sentencing, both the person being sentenced and their Lawyer are required to read this Report before going in front of the Judge.

It is accurate to say that, almost without exception, whatever is recommended by that Report is exactly what the Judge is going to order. In other words, it is less accurate to call that Report a Recommendation than it is to call it a "blueprint" for what's going to happen.

I know that anyone reading this who has ever been through the DUI process before, (whether for themselves of with someone else) knows this to be true. In fact, I can safely say to anyone who has been through the DUI process before that whatever was recommended in that Report was, likewise, ordered by the Judge.

This means that unless a person is charged with a DUI where the Evidence is weak enough to be dismissed by the Judge, or otherwise has a Defense to the charge strong enough to "beat" it at Trial, they will be undergoing this PSI. And it also means that when the test has been taken and the interview with the Probation Officer completed, the final outcome of their case will have pretty much been determined. The Probation Officer "scores" the person's alcohol test. All of these test are "graded" with a numerical score; generally, the higher a person's score, the more likely they are to have or to develop and alcohol problem. Conversely, the lower a person scores, the less likely it is that they have an alcohol problem, or have the potential to develop one.

Continue reading "Michigan Drunk Driving - What Happens in a DUI Case " »

As a License Restoration Lawyer, I help people understand the License Restoration process and answer lots of questions about it. It has been my hope that the numerous articles on the Blog in the Driver's License Restoration category can help explain the process and answer many of those questions.

One question that comes up quite frequently from people who've had their License revoked because of multiple DUI's is something like "Can't we just go to Court and get some kind of Restricted License?"

Generally speaking, the answer is "no," but there is an exception, although it applies to a small, and shrinking group of people. The reason I point it out is that in the last year alone, 2 of the License Restorations I handled fell into this category.

For anyone whose last DUI occurred in 1991, or earlier, then the possibility of going to Court and getting a License Restored does legally exist. If a person's last DUI occurred in 1992, or any time thereafter, then there is NO possibility of having a Revoked License Restored in Court.

Here's why: In 1992, new DUI laws went into effect that completely eliminated what were known as "Hardship Appeals" in License cases. A Hardship Appeal simply meant that a person whose License had been Revoked for multiple DUI's could go to Court, and demonstrate how not having a Driver's License was a hardship upon them, and ask the Court to grant some kind of License. That whole process was eliminated by the 1992 law, and from that point forward, any new License Revocation could not be undone except by a License Appeal to the Michigan Secretary of State's DAAD (Driver's Assessment and Appeal Division, which was then known as the DLAD, or Driver's License Appeal Division). Beyond where the Appeal was to be filed, the whole hardship thing went out the window. In other words, it couldn't matter less how difficult life became without a License. Hardship was no longer a basis, or even part of one, for a multiple DUI Revoked License Appeal. New rules governing License Appeals went int effect.

Continue reading "Driver's License Restoration in Michigan - Can I go to Circuit Court for a License?" »

This installment will return to the subject of 2nd Offense Drunk Driving, or Operating While Intoxicated (OWI) charges. As a DUI Lawyer, my actual Practice is limited to handling cases in the District and Circuit Courts of Macomb, Oakland and Wayne Counties. I point that out because what I write here is the product of my experience in these Courts. I have no idea how things are handled elsewhere, and the outcome of any case pending beyond the Tri-County area might be very different from what I describe here.

I think it's fair to say that everyone knows that there are essentially 3 kinds of DUI cases: 1st, 2nd, or 3rd Offenses. And everyone pretty much likewise knows that a 1st Offense is generally not that bad, and a 3rd Offense is a Felony, and a nightmare to boot.

What about 2nd Offenses?

The first thing to say about a 2nd Offense is that (if the case is not one of those few that are "beatable"), then how bad things will turn out for the Driver depends more than anything else, on where (what City) the case is pending. Certain Courts are just plain tougher on any DUI than others. In fact, a few Courts are WAY tougher on DUI's than all the others. In the interests of good Lawyer diplomacy, I'll say no more on that subject here.

Another very important thing about 2nd Offense cases, completely independent of where they're pending, is that they represent the crossroads between having a serious alcohol problem, or not. Statistically speaking, anyone facing a 2nd Offense DUI has a much-elevated likelihood of having an alcohol-problem compared with the general population. In fact, a 2nd Offense automatically causes a person to be categorized as a "Habitual Offender" under Michigan Law. Amongst the many implications of that categorization is the Mandatory Revocation of the Driver's License for at least 1 full year.

For anyone facing a 2nd Offense, beyond the relative leniency or toughness of the particular Court where their case is pending, the issue becomes whether or not this charge is the symptom of a much deeper alcohol problem, or is rather a case of repeat poor judgment. Try to imagine the Judge's perspective: Every single 3rd Offense Felony Drunk Driver was, before that, a 2nd Offense Drunk Driver who probably said something like "it won't happen again."

Continue reading "DUI 2nd Offense in Michigan - Am I Going to Jail?" »

As a Practicing Criminal, DUI and Driver's License Restoration Lawyer, I explain something about this area of the law, to at least someone, pretty much everyday. In this Blog, I have tried to address questions that I hear again and again, and this article will focus on one of those. Anyone facing a 2nd DUI within 7 years will eventually learn that there is a Mandatory License Revocation, meaning that their License will be completely taken away for at least 1 year. Concerned about their ability to work, or go to school, or go to the Doctor's, they ask:

"Can't I just go to Court to get some kind of Restricted License?"

Across the board, the answer is "No."

Prior to 1998, the Court hearing a DUI Case had to impose the Licensing Sanctions on the Driver. Different cases, and different Courts produced often very different results in similar circumstances.

In 1998, Michigan overhauled its Drunk Driving Laws. That overhaul came to be known as the "Habitual Offender" legislation. Among the sweeping changes to the DUI laws in Michigan was the transfer of authority over all DUI Licensing Sanctions away from the Courts, and directly to the Secretary of State. After the laws went into effect, it was no longer possible for a Judge hearing a DUI to make ANY decisions whatsoever about the Driver's License.

Moreover, the new law provided fixed, Mandatory Penalties for every kind of DUI (and Operating Under the Influence of Drugs) case. A 2nd Offense DUI within 7 years of the 1st results in a Mandatory 1 year License Revocation. A 3rd Offense within any 10 year period carries a Mandatory Revocation for at least 5 years. Interestingly, most people facing a 3rd DUI within 10 years are already painfully aware that their License will be yanked for a long time. They're more concerned about "when" rather than "if."

Let's look at an example: Prior to the Habitual Offender laws, if a person got a 2nd DUI within 7 years, but had the charge plea-bargained down to a 1st offense, the Judge could issue a Restricted License after 60 days of full suspension. After the Habitual Offender laws took effect, however, the Courts no longer had any power over a Driver's License. Beyond stripping the Courts of authority over a DUI Driver's License and rather than take into account what Plea Deals a person had made, the transfer of that power to the Secretary of State simply required it to count the total number of Alcohol-Related offenses a person had accumulated over a period of 7 or 10 years.

Continue reading "Michigan DUI 2nd Offense and Driver's Licenses - Can't I just go to Court to get some kind of Restricted License?" »

As a Criminal Defense Lawyer who handles a substantial number of DUI Cases each year in Macomb, Oakland and Wayne Counties, there are some questions that I am asked again and again. Chief among them are questions about what will happen to the Driver's License. This article will focus on what happens to a person's Driver's License as a result of an OWI (Drunk Driving) conviction.

Let's begin with the arrest part first. Under Michigan Law, when a Police Officer arrests someone for Drunk Driving, they must confiscate and destroy that person's Driver's License. In its place, the person will be given a Michigan Temporary Driving Permit, sometimes called a "paper license." Because the person is presumed innocent until proven guilty, that paper license is every bit as good as the original which it replaces. In other words, a person still has the same license they did before the arrest, except that their picture ID has been replaced by the "paper license."

If a person is subsequently convicted of a Drunk Driving offense (whether by a Plea, Plea-Bargain, or a Trial Verdict), the Michigan Secretary of State, and NOT the Court, imposes the License Penalties. These penalties are absolute; they cannot be modified in any way, under any circumstances. They are as follows:

1st Offense:

OWI (Operating While Intoxicated) - 6 month suspension of the Driver's License, with no driving whatsoever for the first 30 days, and a Restricted License for the remaining 5 months. Restricted License allows driving to, from, and during the course of work, school, and to and from any necessary medical treatment, AA or support-group meetings, and to complete anything the Court ordered as a result of the conviction.

OWVI (Operating While Visibly Impaired) - 90 day Restricted License.

2nd Offense (within 7 years of the 1st):

OWI and OWVI - Mandatory 1 year minimum License Revocation. This means no License, and NO POSSIBILITY for any kind of License, for at least 1 full year.

3rd Offense (within 10 years of the 1st):

OWI and OWVI - Mandatory 5 year minimum License Revocation. This means no License, and NO POSSIBILITY for any kind of License, for at least 5 full years.

These License Penalties kick in after the Court handling a Driver's case sends Notice to the Secretary of State of the Conviction. The Secretary of State then sends a Notice of the Licensing Penalty (called an Order of Action) to the Driver. Usually, the Driver will receive the Notice several days before the License Penalties start.

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.

Continue reading "DUI in Macomb, Oakland or Wayne County - Is Counseling or Treatment a good idea?" »

In this article, we'll look at the most common DUI, or Drunk Driving charges in Michigan. This is the third in a series of "Short Version" articles taken from a longer, prior Blog post. We'll examine the most common terms used when discussing Drunk Driving in Michigan. As a DUI Lawyer, I am often asked about the "alphabet soup" of terms that surround this group of Charges. Let's get right to it:

OWI is the actual name for DUI or Drunk Driving in Michigan. It means Operating While Intoxicated. This offense carries 6 points, a mandatory 6-month suspension of the Driver's License (with a restricted license that is granted after the first 30 days of no driving), and carries fine of up to $500, plus Court Costs. This usually means a person will be paying somewhere between $700 to $1500 in total fines and costs, depending on which Court is handling the case.

OWVI, or Impaired Driving, is the term for the less-severe form of Drunk Driving or Operating Under the Influence of Drugs (OUID), which is discussed below. This charge carries 4 points, a 90 day restriction of the Driver's License, a fine of up to $300, plus Court Costs. As the Lawyer representing a person charged with OWI, I will, if the case against them is "solid," negotiate, a "Plea Bargain" from OWI (or OUID) to the less-severe charge of Impaired Driving. The total final amount a Driver will pay to the Court ranges from between $600 to $1100, again, depending on where the case is being heard.

OUID, or Operating Under the Influence of Drugs, is just like OWI, except that instead of being under the influence of Alcohol, the Driver is under the influence of Drugs. The less-severe form of this charge is the very same OWVI, or Impaired Driving that is examined above.

OWPD stands for Operating While In the Presence of Drugs. Cases brought under this law are, fortunately, not so common. What it means is that if a Driver tests positive for Drugs in their system, then they are "OWPD." There is no need to prove that they were under the influence of those drugs. For example, a person who tests positive for marijuana, and who used it 3 weeks before that test, although clearly no longer under its influence, can be charged with OWPD merely because of that positive test result.

Of course, the consequences for any of these Offenses ramps up dramatically if it is charged as a 2nd or 3rd Offense. Generally speaking, 3rd Offenses are Felonies.

OUIL, UBAL and UBAC are all terms that are no longer part of Michigan law (UBAC never was).

DUI is a general term used to describe Drunk Driving, even though there is no law entitled or addressing "DUI" in Michigan. The term is means "Driving under the Influence," although as you can see even from the brief description of Michigan's laws as outlined above, one might be tempted to ask "driving under the influence of what?" Michigan law makes very clear whether the Charge involves Alcohol, and if so, whether the Driver was "drunk" or merely "impaired," or if the charge instead refers to being under the influence of, or being impaired by the use of Drugs.

A more thorough review of the potential penalties a Driver faces in any of these charges is laid out in the "Common Charges and Penalties" page of my website.

In my role as Criminal Defense Lawyer with an office in Macomb County, I have contact with all kinds of people from the Metro-Detroit area. Some of these people are the Defendant's themselves, some family, and others interested friends. Sometimes, the facts of a given case are so completely beyond dispute that I will be asked by the Defendant or their family or friends "Do I (or does the Person charged with a crime) really need a Lawyer?"

Now, you can probably guess my answer to that question, but the reason for it may not be as obvious. Sure, there is always the possibility of some technicality coming to light which can be discovered by an astute Lawyer, but the focus of this article is more about what a Defense Lawyer can do in pretty much each and every case, no matter how bad things might appear, rather than on some once-in-a-blue-moon turn of luck.

First, and just as a general observation, try and recall anyone in the Public Spotlight who has ever been charged with a crime and didn't have a Lawyer. Even in the age of video, where some crimes are caught on tape and a person's guilt appears to be a foregone conclusion (like the Police Officers caught on tape in the Rodney King beating), anyone familiar with the Legal System will always have a lawyer as they maneuver through it.

There's an old saying, referring to Lawyers, that "The Lawyer who represents himself has a fool for a client." Lawyers, perhaps more than anyone, recognize the importance of having Professional Representation. When Geoffrey Feiger faced (and was ultimately acquitted of) Federal charges related to Political Contributions, he hired a Lawyer (none other than the legendary Gerry Spence). And whether you like him or not (I do, and not just because I'm a Lawyer) you'll have to admit that Feiger is one good Lawyer. I'll bet most people would be hard-pressed to name any other Lawyer as good as Feiger, much less anyone even remotely in his league. Yet, despite being more than able to take on (and usually beat) anyone in a Courtroom, Fieger didn't do that; instead, he had Professional Representation.

So, what can a Lawyer do for someone who, for whatever reason (really bad prior record, crime caught on tape, solid confession, etc.) appears to be in a hopeless (and helpless) situation? What should a person look for in a Lawyer that will help them decide who to hire, and just as importantly, not to hire?

Continue reading "Criminal Cases in Michigan - Do I need a Lawyer?" »

As a Drunk Driving Lawyer who handles DUI Cases in all of the District and Circuit Courts of Macomb, Oakland and Wayne Counties, I am often asked about the somewhat new Michigan Law that a provides that a person who has two prior Drunk Driving (also called DUI, DWI, OUIL and/or Impaired) convictions, and who is arrested for a third time for any Drunk Driving charge, no matter how long ago any of those two prior offenses occurred, faces a Felony Charge. In an earlier Blog post, I described the differences between these various charges and explained what they mean. It seems there is a lot of confusion regarding when and how a person can be charged with 3rd Offense Drunk Driving.

Many people are not aware of the change in the law (Known as Heidi's Law) that got rid of the provision that a person was subject to a Felony Charge only if they racked up 3 Drunk Driving charges in 10 years. This new law, which took effect on January 3, 2007, now allows Prosecutors to count any two prior Drunk Driving convictions, regardless of what they were (OUIL, UBAL, OWI or OWVI) or when they occurred within a person's lifetime, in order to make the Felony Charge.

In 1998 what was dubbed Michigan's "Repeat Offender Law" changed what had been a somewhat confusing landscape of Alcohol-related Driving Offenses. The law was streamlined and simplified, and at the same time, made tougher. After passage of the Repeat Offender Law, any combination of 2 Impaired, OUIL, UBAL, or OWVI (and now OWI) charges within 7 years was to be handled as a Second Offense, and any combination of 3 of those charges within 10 years was to be handled as a 3rd Offense Felony.

This new law now gets rid of that 10 year provision. This means, for example, that someone who had an impaired driving 25 years ago, and another 17 years ago, and who is now arrested for another Drunk Driving offense is to be charged with a 3rd Offense, which is a Felony punishable by up to 5 years in Prison.

It does not matter if any of the prior offenses resulted in convictions for Impaired, OUIL, OWI or UBAL or any combination of them; the only thing that matters is that it's the Driver's so-called "3rd Strike." Now, a person is essentially "at bat" for the rest of their life after their 2nd Drunk Driving conviction. Should you find yourself facing a 3rd Offense charge, remember to be a good consumer and check out all of your options. Speak with as many lawyers as you can (including me) until you find one in whom you have confidence, who you can afford, who does not make promises that seem too good to be true (they usually are) and with whom you are comfortable.

It seems there's an "alphabet soup" of terms (acronyms, actually) used to describe what we commonly know as "Drunk Driving." Some are accurate, some are obsolete, and some just plain wrong when used to describe "Drunk Driving" in the State of Michigan.

The purpose of this article is to define and explain these terms. A complete review of their consequences is laid out in the "Common Drunk Driving Charges and Penalties" section of my web site.

Let's begin with terms that Drivers in Macomb, Oakland and Wayne County are likely to see:

OWI - Operating While Intoxicated. This is the actual term used in the law to describe a Drunk Driving charge in Michigan. OWI applies to Driver's whose Bodily Alcohol Level (BAC) is .08 or higher.

OWVI - Operating While Visibly Impaired. This is the term used to describe the less-severe type of Drunk Driving (and Impaired by Drugs) Charge. More commonly referred to a "Impaired Driving," this charge applies to Driver's whose BAC is below the level of .08, and Driver's whose abilities are impaired by Drugs or Controlled Substances.

OUID - Operating Under the Influence of Drugs. This charge is to Controlled Substances and Drugs what OWI is to Alcohol.

OWPD - Operating in the Presence of Drugs. This charge refers to a Driver who is found to have any amount of Drugs (for which they don't have a prescription) or Controlled Substances in their system. Fortunately, it's not a very common charge, but it means, for example, that a Driver who tests positive for Marijuana, even though they may not have used it all (second-hand smoke) or who used it weeks ago, is presumed to be in violation of the law.

Continue reading "DUI, OWI, OUIL - Michigan Drunk Driving Terms" »

Any lawyer who regularly handles Drunk Driving cases in Macomb, Oakland or Wayne County gets asked this question at least several times per week. I know that, as a Drunk Driving Attorney, I am asked all the time. I usually answer with a cautious "It depends...."

The truth is, there is no simple, or one-size-fits-all answer. There are several factors that must be looked at in order to come up with an answer.

First, and most important is in which Court (what city) is the case being heard? To illustrate, let's take a typical, real life example of a person with a First Offense OWI. Assume the lawyer gets the charge reduced to what's known as "Impaired Driving," or OWVI.

The question we have here, then, is how much will this first-offense "Impaired Driving" cost?

The short, and best answer, is that it depends, more than anything else, on which Court is hearing the case. For example, not too long ago, a First Offense Impaired Driving in the 42-2 (New Baltimore) Court usually netted a fine and costs of $450. That same offense, in the 41-B (Clinton Township) Court, usually resulted in a fine and costs of about $950. Most other courts in the Tri-County area charged somewhere between those amounts.

Second, the whole cost paid by a Defendant is not limited to a "fine." Going back to the Impaired Driving example above, the penalties for Impaired Driving allow a fine of "up to" $300, plus costs. It's usually the "costs" that are both difficult to accurately predict and which cause people the most problems. Thus, in that above example, the 42-2 Court charged $300 in fines, plus $150 in costs. The 41-B Court charged $300 in fines plus $650 in costs. Costs vary widely form Court to Court.

Third, a growing number of municipalities have enacted ordinances which allow them to charge, in addition to any court fines and costs, for the actual Police Officer/Emergency Responder time spent in handling the case, right up from the point of arrest, through booking, holding, releasing, cleaning the jail cell, preparing the Police Report, and any other action connected with the offense. These are sometimes called as "Emergency Responder" costs. For those municipalities that do seek reimbursement, the amount, while it varies from place to place and case by case, usually adds up to somewhere between $250 to $350.

Beyond the expense of the fine, the costs, and any Emergency Responder/Police Officer reimbursement, there are several other additional expenses involved in any Drunk Driving or Alcohol-Related Traffic Offense. Of course, there are the lawyer's fees, as well.

Continue reading "How Much Fines and Costs will be required in my Metro-Detroit Drunk Driving Case?" »

Michigan Drivers facing a Drunk Driving charge may face even stiffer penalties than ever, depending on the results of the alcohol breath test taken after their arrest. Under the new law, dubbed the "High-BAC Law," which takes effect on October 31, 2010, Michigan would join 45 other states in enacting what is also know as a "Super Drunk" Driving law. Under the new statute, drivers charged with OWI (Operating While Intoxicated) who have a BAC (Bodily Alcohol Content) of .17 or higher, face higher penalties than they otherwise would if their BAC is below .17 Currently, any Michigan driver with a BAC of .08 is presumed to be Driving Under the Influence (DUI).

The major impact of this new Legislation can be examined in this Michigan New Ignition Interlock Law. from the Michigan Secretary of State's web site.

Amongst the most significant changes made to Michigan's existing Drunk Driving Laws, the new law provides the following for First Offense Drunk Driving:

1. An increase in the maximum jail term from 93 days to 180 days

2. A mandatory 1 year suspension of the Driver's License; after 45 days, a Restricted License may be issued if the Driver installs an Ignition Interlock Device in their car. This breath-testing device prevents the car from starting if the Driver has a BAC of .25 or higher. The device likewise requires periodic tests while the vehicle is being driven.

3. A maximum fine of up to $700, as opposed to a maximum of $500 in a regular OWI.

4. Mandatory enrollment in and completion of an Alcohol Treatment Program or attendance at a Self-Help (AA or 12-step type) Program for at least one year

Driver's with prior DUI's face even stiffer penalties.

For all of the ink being spilled about what the effect of the new law will actually be, it remains to be seen how things play out. For example, in most First-Offense Drunk Driving (OWI) Cases, the driver is usually able to have his or her attorney negotiate a Plea Bargain which reduces the final charge to Impaired Driving (OWVI). These drivers, if allowed to plead to the reduced charge, would avoid the penalties associated with the new law.