Michigan Criminal Defense Lawyer Blog

If getting a DUI case dismissed outright is like winning the Powerball Lottery, then having a DUI case knocked down to a non-alcohol related Offense is like hitting the Jackpot in a raffle. As a busy DUI Lawyer, these victories are the things that become the highlights of my day-to-day Practice. I have pointed out, in many of the nearly 70 Drunk Driving articles I have published, that these kinds of outcomes are far more the exception, rather than the rule. Any DUI Lawyer will handle quite a few "garden-variety" DUI's before he or she gets one that can be knocked out, or knocked down.

This might explain why I'm so excited about a day in Court, the week before last, when, out of the 3 DUI cases on my schedule, 2 of them were knocked down to non-alcohol related Offenses. What's more, it happened in 2 different Courts!

Obtaining these breaks is not, however, just a matter of luck. It requires a detailed analysis and review of the evidence by an experienced DUI Lawyer. Sure, there is an element of luck in that there is a sufficient defect in the evidence for any particular case in the first place, but finding that defect requires looking for it, first. In a way, this parallels the old saying "you won't know if you don't ask." A Lawyer wouldn't find a problem with the evidence if he or she didn't first evaluate that evidence with a careful and critical eye.

Beyond the benefit to the Client in avoiding the whole DUI charge, and all the negative consequences that go with it, these "jackpots" refresh the Lawyer, as well. Imagine if you were mining for gold, digging through dirt, and year after year you never found any. How much enthusiasm would you be able to sustain as you continued?

In each of the two cases referenced above, the "defect" in the evidence was not something pointed out by the Prosecutor. Nor was the defect obvious. Does this mean the Prosecutor simply hadn't evaluated the case as critically as I did? I tend to think so. Prosecutors, after all, handle tons of cases, and simply don't have the time to study each one like a Defense Lawyer, whose whole focus in on that single case. Even when they do read a Police Report, it's not as if the Prosecutor is looking for a "way out."

In my first case, there was a scientific problem with the Breathalyzer evidence. It would take far too long to explain it here, but the bottom line is that I was able to point out to the Prosecutor that his case was seriously compromised, and in light of the defects in the evidence that I showed him, he had little choice but to agree.

Continue reading "DUI in Michigan -Getting 2 DUI Cases "Knocked Out" on the Same Day" »

In part 1 of this article, we began examining the probability of avoiding jail in 1st and 2nd Offense DUI cases. We saw that with the exception of 1 Judge in the 48th District Court in Bloomfield Hills, a 1st Offender can safely assume that they are NOT going to face any Jail time.

We next looked at 2nd Offense cases, and saw that, while Jail can usually be avoided in Macomb and Wayne Counties, things change if the case is pending in an Oakland County Court, and we also noted that, generally speaking, the farther north one goes, the worse things get.

In this second part, we'll pick up by looking at 3rd Offense cases, and we'll wrap up by looking at certain general principles that apply in all cases, be they 1st, 2nd or 3rd Offenses.

To begin, we should bear in mind that 3rd Offense (Felony) cases are an entirely different species from their 1st and 2nd Offense Misdemeanor relatives. Of course, part of that difference is that while 1st and 2nd Offense cases are Misdemeanors, meaning punishable only by a Sentence of either 93 days or 1 year in the County Jail, respectively, a 3rd Offense is a Felony that can carry a Prison Sentence of up to 5 years.

Before anyone starts fearing being carted off to Jackson Prison to start a new career in License Plate Manufacturing, it should be noted that a Prison Sentence is usually reserved for people with far more than 2 or 3 prior DUI's. The law does, however, require a person convicted of a 3rd Offense to serve at least 30 days in Jail. That's not negotiable.

The good news, if you can call it that, is that in Macomb County, a person who has only 2 prior DUI's , and who is facing a "true" 3rd Offense (meaning it is only the 3rd time they've ever been charged with a DUI) can, if things are handled correctly, avoid a Felony conviction altogether. In other words, a "true" 3rd Offense, if things are done right, can be reduced to a 2nd Offense Misdemeanor (and can, possibly, also avoid a Jail Sentence). This is not an option in Oakland County, and is seldom, if ever done in Wayne County. This is almost entirely a Macomb County deal.

Continue reading "DUI - Staying out of Jail in Macomb, Oakland and Wayne Counties - Part 2" »

Amongst the various articles within the Drunk Driving section of this blog, I have addressed the issue of avoiding Jail in 1st Offense DUI cases, 2nd Offense cases, and 3rd Offense cases, albeit separately. It has been politely suggested to me that not everyone wants to engage in the kind of time consuming, in-depth research that I find so interesting, and that some would prefer a single, more overview-type article about staying out of Jail in DUI cases covering all 3 levels of the Offense. This 2-part article will be my best attempt to do that.

At the risk of being both repetitive and overbearing, it is, I think, worth pointing out that my experience as a DUI Lawyer spans more than 20 years. I don't handle Divorce cases (never have), Don't do Wills (never have), and don't sue anybody. The bread and butter of what I do is DUI and Driver's License Restoration (which itself arises from multiple DUI's). Accordingly, what I am about to describe below is the product of tremendous experience handling DUI cases. It's not merely a part of what I do; it is the very foundation of what I do, day-in and day-out.

That said, in more recent years I have been able to restrict my DUI practice to the Tri-County area around Detroit. My Website's name, macombduidefense.com, should be a clue to that. I handle DUI cases in Macomb, Oakland and Wayne Counties. Once in a while, I'll take a case in Lapeer or St. Clair County, or even Livingston County, but I do not and will not go beyond these areas. As a result, some, or even much of what I say may not apply to cases pending in other Counties.

After being hired, the first thing any good DUI Lawyer is going to examine is whether there is some way to beat the charge, or have some of the evidence (usually from the Stop, the Field Sobriety Tests, or the Chemical Testing, meaning Breath or Blood) "thrown out."

Even if a challenge to the evidence may not result in an outright dismissal of the charge, it can possibly aid the Lawyer in getting the case knocked down to a non-alcohol traffic charge. To be truthful, this examination is (and should be) undertaken in every case, but finding such "problems" with the evidence is far more the exception, rather than the rule.

This means that the vast majority of DUI Arrests will hold up, and the person will have to deal with a DUI charge as a DUI charge. Still, it doesn't hurt to "dot the I's and cross the T's" and make sure that case is solid.

Continue reading "DUI - Staying out of Jail in Macomb, Oakland and Wayne Counties - Part 1" »

In part 1 of this article, we began examining the PSI process and the role of the Alcohol Assessment Test in DUI cases. We'll continue with a more detailed discussion of the Alcohol Assessment Test and the role of the Probation Officer is determining what happens to a person facing a DUI.

People often ask if doing well on an Alcohol Assessment Test is more a matter of common-sense than anything else. To a degree, it is, but there's way more to it than that. From a clinical point of view, a standardized Alcohol Assessment Test looks for and measures 5 traits, or markers, of an alcohol problem. If a person is NOT thoroughly familiar with these 5 "markers," and cannot explain them and their implications in detail, then they are just going though the Assessment blindly. Again, it takes hours to go over this stuff, but the 5 "traits" or "markers" of an alcohol problem are:

1. Family History of Alcoholism,
2. Instances of Social Comment,
3. History of Blackouts,
4. Instances of Social Conflict, and
5. Increasing Effects Threshold.

Preparing the Client for the Assessment Test, and how that Test will measure these things, is absolutely paramount to minimizing the consequences they will endure as a result of a DUI.

This means that if a person is not properly prepared for an Alcohol Assessment Test, and they'll go in to Probation and do, at best, an "okay" job on the Alcohol Assessment Test and in the PSI Interview.

As a result, they'll wind up with an Assessment Report and Recommendation that looks far worse than it would have if they had been properly prepared for the Alcohol Assessment and PSI Interview. A typical example would be something like this:

Continue reading "Getting Better Results in DUI Cases in Macomb, Oakland and Wayne Counties - Part 2" »

In previous articles about Drunk Driving, I have pointed out that the most important "step" in a DUI case is the legally required alcohol assessment. Lately, within the context of my DUI Practice, I have handled an increasingly large number of 2nd Offense cases for people who had some other Lawyer represent them in their 1st case. I have repeatedly been told by them that their prior Lawyer never so much as mentioned preparing them for this step (the Alcohol Assessment). Then, when they came across my blog articles describing how important this step is, and how much of what happens at this point affects the outcome of the case, they immediately recognized, from their prior experience, how true this is, and called me.

In previous articles, I have outlined the steps in a DUI case. This article, which will be separated into 2 parts, will focus on one of those steps: The Pre-Sentence Investigation and the Alcohol Assessment Test that is a required part of that.

More than 20 years ago, as a young Lawyer handling DUI cases, I saw that what actually happened to the Client in a DUI case, meaning the results of a person's Sentencing, was almost identical to what was Recommended as a Sentence by the Probation Department.

In a DUI case, after a person has worked out some kind of Plea arrangement, the Court sets 2 dates. The first of those dates is a return date for the Client, and the Client alone, to come back to the Court for an interview with a Probation Officer, who has the job of preparing a written Recommendation for the Judge to be used at Sentencing. The Law requires that such a Recommendation be based upon the person's score on an Alcohol Assessment Test.

This means that a person will show up to the Court's Probation Department, take a written Assessment Test, fill out an information packet which asks about their background (a short life-history), and then meet with a Probation Officer for an interview. This process is called a "PSI," meaning Pre-Sentence Investigation. The result of this whole process is a written Sentencing Recommendation to the Judge indicating what should be Ordered for each particular person facing a DUI.

The second of those dates is the Sentencing itself, where the Judge decides what will be done to the person facing the DUI. And the reality of the situation is that in each and every Court out there, and in each and every case, the Judge will follow that Sentencing Recommendation, if not to the letter, then darn close to it.

Continue reading "Getting Better Results in DUI Cases in Macomb, Oakland and Wayne Counties - Part 1" »

As a DUI Lawyer, I am in Court almost every day. Ask any Lawyer who has a DUI Practice, and you'll soon find that each and every one will note a profound difference in the way these cases are handled in Macomb County as opposed to Oakland County. Right down to the garden-variety Drunk Driving case, the differences between the 2 Counties are so significant that it almost makes the Lawyer feel like he or she is Practicing in 2 different States.

It is a well-known fact that Oakland County is the toughest of the 3 "Tri-Counties" in which to face a Criminal charge. In DUI cases, that difference is often made clear even before the person even Bonds out of Jail.

In most DUI cases, a person is Arrested in the evening, and typically let out of Jail sometime the next morning. Most often, the person will either post a small Bond (frequently about $100) at the Police Station, or simply be let go with a Notice to contact the Court within 10 or 14 days.

Sometimes, however, a person will be Arraigned, often by video, by a Judge or Magistrate, before they are let out of Jail. In those cases, the Judge sets a Bond amount, and imposes various Bond Conditions. Those conditions always include not leaving the State without prior permission of the Court, and no use of alcohol or drugs. Sometimes, especially in cases involving a 2nd or 3rd Offense, or those involving a high BAC result, those conditions include breath or urine testing. Such testing is far less frequent in Macomb County than it is in Oakland County.

Once the person and their Lawyer come to Court to begin resolving the case, the differences become more pronounced. In those 1st Offense cases brought by a State Police Arrest, the County Prosecutor, as opposed to a local City Attorney handles the charge. In Oakland County, it begins to becomes more difficult to get a Plea Bargain to Impaired Driving when a person's BAC (Breath Test Result) goes above a .12. In Macomb, the general cutoff for that kind of a deal goes up to about .16. Of course, exceptions abound, and the reason a person pays a Lawyer is to try and get one of those "exceptions" in the first place. Still, facing that kind of hurdle at the outset of a case is only a sign of things to come.

Even in a 1st Offense case, for example, where a Plea Bargain to Impaired Driving is worked out, what actually happens to the person can be strikingly different in one County as opposed to the other.

Continue reading "DUI in Macomb County -vs- DUI in Oakland County" »

In part 1 of this article, we began examining the role of in-car Police video in DUI cases. We left off after reviewing the role of in-car video right up through the Traffic Stop. In this 2nd part, we'll pick up with what typically follows in any DUI Traffic Stop, the Field Sobriety Tests.

Beyond the Traffic Stop itself, in-car video can record the Field Sobriety Tests. In these cases, the audio is also important. Therefore, it shouldn't come a surprise that in any number of these videos I've obtained, there was no audio, or the Sobriety Tests were performed outside the angle of view of the in-car camera.

To be fair, in most of the videos I've seen and heard, the Client has, to put it nicely, not been at their best. Told, for example, to count backward from 89 to 72, the Client will continue on past 72 into the 60's. Letters are skipped during alphabet recitals. "I've seen enough. Turn it off" is a request that has been made of me any number of times while the Client and I watched the video.

Again, even if the video offers no help in avoiding a DUI, it does bring a certain peace of mind to the Client, because they can at least move beyond any belief (or clouded memory) that they did "fine."

Although it may be exception, rather than the rule, finding that video where the Client does just fine is a bonus. It's like finding a pound of gold in a ton of dirt.

Before any of this can be done, however, it must be determined whether or not there was any in-car video. As a general rule, most Police departments will "recycle," or erase over any video in about 30 days after it is recorded. This means a person must not delay in hiring a Lawyer to make that inquiry to prevent destruction of this evidence.

Which should bring to mind two very important questions. Why would the Police destroy any video that supports their case? Wouldn't they really only be interested in getting rid of any video that did NOT help their case?

Continue reading "The Role of Police Video in a Michigan DUI Case - Part 2" »

In my capacity as a DUI Lawyer, I have read, in my 20-plus years, thousands upon thousands of Police Reports. Careful examination of the Police Report in any DUI case is absolutely essential to proper handling of the case. In the last number of years, however, the presence of Police in-car video has added another ingredient to the mix of things that must be reviewed by the Attorney before any plan of intelligent action can be formulated. This article will be a bit longer than most of the others in the Drunk Driving section of this blog, and therefore will be divided into 2 parts.

We live in a video world. The advent of shows like "Cops" introduced us to seeing Police in action. And if you want to take about media "bias," how often do you see Police video of innocent people being questioned, and the let go? Short of the Rodney King video, and perhaps a few other examples of Police misconduct, all captured by third parties, by the way, we've essentially been trained to expect Police video to demonstrate guilt.

If you tune in to the local news, and there is Police video being run as part of any story, it almost always shows the Police arresting someone who should be arrested. DUI drivers are shown as staggering, and if there's audio, you hear them slurring their speech, or sounding otherwise drunk.

In DUI cases, it is not uncommon for me to be asked by a new Client, before I ever even get that far, about the Police video. "Can you get it? I'd like to see it."

In-car Police video has the potential to derail a DUI prosecution more than any other single piece of evidence. Admittedly, those examples of cases where the Police video contradicts the Officer's written version of events aren't very common, but for an investment of about $50, it amounts to a small price that can result in a huge payoff.

It is important to note, however, that Police are not required to have video-equipped Police cars. And even if the car has such equipment, there is no Law requiring that it be operational.

In the real world, Police video can really impact 2 major areas of a DUI arrest: The initial Traffic Stop, and the Field Sobriety Tests.

Continue reading "The Role of Police Video in a Michigan DUI Case - Part 1" »

As a DUI Lawyer who has been in practice for over 20 years, I have seen the landscape of the whole Drinking and Driving field change considerably over that time period. Within the body of articles in the Drunk Driving section of this Blog, I have covered many aspects of DUI cases, from the Traffic Stop, to the Field Sobriety Tests, to the actual Breath Test, right up and through how a DUI case is handled in Court, including the Alcohol Assessment Test, how and why that is so important, the steps in the DUI process, through what actually happens to the Driver in Court.

This article will not be as informational as are most of my others. Instead, my aim here is to look at how the DUI world has changed in the last 2 decades. I don't do this because I'm getting long in the tooth, or anything like that. Recently, a number of my DUI Clients have come to me with a prior DUI conviction or two from many years past, and can hardly believe what I'm telling them about how these cases are handled today.

To start with an example, I remember well when many Judges, in Sentencing someone for a DUI, would Order, as a condition of Probation, that the person simply NOT drink and drive. Today, there isn't a single Judge who does not, as a matter of course, Order a person to not drink at all during the term of Probation. In the overwhelming majority of cases, including most 1st Offenses and all 2nd and 3rd Offenses, this is backed up by an order for breath and/or urine testing. Sometimes this testing is done at random, other times it is carried out more regularly.

A number of years ago (okay, at this point I'll admit I've been doing this so long that I don't remember exactly when) a few Courts would order someone with a DUI to complete an "Impact Panel," often called a "Victim's Impact Panel." Now, every single Court, without exception, includes this as part of the punishment for a DUI. If the Pope got a DUI, the Judge might kiss his ring, but he or she would next order His Holiness to complete an Impact Panel.

Similarly, there has been an explosion of "Classes." With names Like Alcohol Highway Safety Class, to Alcohol Awareness Class, to what's called the ARM (which stands for Accepting Responsibility is Mandatory) Class, there seems to be no end to the kinds of Alcohol Education Classes a DUI Driver faces.

Today, just paying Fines and Costs is a relatively rare exception. 15 or 20 years ago, it was far more common.

Continue reading "DUI in Macomb, Oakland and Wayne Counties - How Things Have Changed" »

Most people have already heard about the recent change in Michigan's DUI Law increasing the Charge and Penalties for what's called a High BAC case, meaning any case where a person's Bodily Alcohol Content (BAC) is .17 or above. The new Law adds a whole new, intermediate Drunk Driving offense to the palette of DUI Laws and consequences already in place.

This article will focus on how these charges are being handled in the Local Courts of Macomb, Oakland and Wayne Counties. In other words, what happens when a person is Stopped and Arrested in the Detroit-area for DUI and their breath or blood test results (BAC) are .17 or above.

In that regard, perhaps the first, and most important distinction we need to make in this examination is the difference between a .17 or higher BAC result, and a .17 or higher BAC charge. This distinction is HUGE.

As it turns out, the way the Law works, most 1st Offense DUI charges are Ordinance Violations, meaning there is a Local (City, Township or Village) Law against Drunk Driving. There are, or course, a number of State Laws that prohibits Drunk Driving, but the key difference between being charged under State Law, or a corresponding Local Ordinance is that the Fines assessed in any given case go to whichever entity brings the charge. This is going to requires some discussion:

Under Michigan Law, municipalities can enact Criminal Ordinances of all kinds. They cannot however, make a Law that punishes a Crime by anything more than 93 days in Jail. There are all kinds of subtleties and technicalities involved in this, but we'll skip those in favor of a more simple explanation.

State Law punishes a 1st Offense DUI by up to 93 days in Jail. Any Municipality can likewise enact its own ordinance punishing a 1st DUI by up to 93 days in Jail. When a Police Officer Arrests someone for DUI, he or she can either write them up under the Ordinance of the Municipality in which the Arrest is made (usually, the City of Township for which they work), or under the State Law. The State Police, for example, always write up any DUI under the State Law. The Clinton Township Police Department, however, will write up a 1st Offender under the Township Ordinance. This makes the Fines assessed by the Court payable to the Township. In the case where the State Police write someone up for DUI, the Fines go to the State.

Continue reading "How High BAC (.17 and Above) DUI Cases in the Detroit-Area are Being Handled" »

I have written a number of articles about DUI's in general, and 2nd Offense DUI's in particular. This article will focus on only one, and by far the most important aspect of 2nd Offense DUI cases: Staying out of Jail.

My DUI Practice involves handling loads or 1st Offense cases, plenty of 2nd Offense cases, and a good share of 3rd Offense (Felony) cases. Handling a typical 2nd Offense case is often more challenging than handling either a 1st or a 3rd Offense. The reason for this is quite simple; staying out of Jail in a 1st Offense case is pretty much in the bag in all but the rarest of circumstances, and staying out of Jail in a 3rd Offense case (assuming its not plea-bargained to a 2nd Offense case) is legally impossible, short of going to Trial and being acquitted of the charge. A 2nd Offense case puts a person as close as they can get to Jail, without any legal requirement that they actually be put in.

To be clear, the first inquiry that should be made by a Lawyer handling any DUI case is whether or not there is some way to have the case "knocked out." This means looking closely at the Police Stop, and at the method by which any breath or blood evidence was collected and/or analyzed. Statistically speaking, and all opinions and "sales pitches" aside, those cases in which the evidence can be successfully challenged to the point of getting a DUI case dismissed are far and away the exception, and not the rule. The vast majority of DUI Arrests are not going to be thrown out of Court, dismissed or beaten on some technicality.

This means that, unless a person gets really lucky, and the case is so compromised that the Judge decides to throw it out, it will ultimately be up to the Judge to decide what to do with a 2nd Offender. And you cannot escape the sinking feeling that, whatever kind of Sentence a person received for their 1st Offense, it apparently wasn't enough. This puts a person standing before the Judge right in the crosshairs of a Jail Sentence.

Not surprisingly, most people instinctively know this. When I speak with someone who is hiring me to handle their 2nd Offense DUI, there is one primary concern they have, and reason for hiring me, and that's to stay out of Jail. The good news is that, with the right work, most people facing a 2nd Offense DUI can be kept out of Jail. The key element to this is "the right work."

In another group of articles about 2nd Offense DUI and the issue of a Drinking Problem, I pointed out that a person facing a 2nd DUI needs to understand that the Law presumes, and the Judicial system perceives them as having a problem. A 2nd Offense within 7 years is considered a "habitual offender" violation and results in the REVOCATION, and not merely the Suspension, of the Driver's License for at least 1 year, with no possibility of Appeal. Part of that "habitual offender" status is the additional legal requirement that a person with a 2nd DUI within 7 years be Court Ordered into some kind of Counseling and/or Treatment. And let's be clear; the Law REQUIRES Counseling or Treatment, it does not merely suggest it.

Continue reading "Staying out of Jail in a 2nd Offense DUI Case in Metro-Detroit" »

In the part 1 of this article, we began our examination of what a person facing a DUI will be experiencing form the point of being released from Jail right up through the point of going to Court. We'll pick up from there, covering what happens at Sentencing and the inevitable consequence any DUI Driver will face, as well as what can be done to get the least amount of consequences possible.

Obviously, the 1st goal is to stay out of Jail. That's usually not a problem, with the only exception being, in some cases, the 48th District Court in Bloomfield Hills. Beyond that however, there can be a million things a person is ordered to do, and not do, and limiting those things is the whole goal of preparing someone for the PSI and the legally required alcohol screening test. I have noted before that almost everyone facing any criminal Charge, DUI included, will say that they'll do anything to stay out of Jail. I have no doubt each and everyone one of them means that, at the time they say it. Then, later, as the case concludes, and once their Lawyer has worked it our where they don't go to Jail, they are left to deal with the Judge's order to do this and that, and not do other things.

It doesn't take long for a person placed on Probation to start NOT liking all the "do this and do that" stuff, and to resent the "don't do" these things part of the deal. It's about that time they'll utter the most famous words said in so many Criminal cases, yet never in the Courtroom itself: "This is bull$***!"

And I can understand that feeling. That's why doing so well BEFORE a person gets Sentenced by the Judge is so important. Thus, preparing for the PSI is what produces results in DUI cases that aren't dismissed on some technicality. The goal of all that time spent preparing the Client for the PSI and the alcohol assessment is to avoid as many of those "This is bull$***!" consequences as possible.

There are, however, certain consequences that occur in every 1st Offense DUI case. Almost everyone dealing with this charge, whether they ultimately Plead Guilty to OWI or the less severe Impaired Driving Charge, will attend something called a VIP, or Vicitm Impact Panel. This is put on my MADD (Mothers Against Drunk Driving). Some people will also be required to attend something like an Alcohol Awareness Class. This is far less likely in Macomb County, and most of Wayne County than it is in Oakland County.

Continue reading "Dealing with a 1st Offense DUI (OWI) Case in Macomb, Oakland or Wayne County - Part 2" »

This article will be about what really happens when a person gets a 1st Offense OWI (DUI). I have plenty of articles about the legal and strategic considerations involved in dealing with this charge in the Drunk Driving section of this Blog. Beyond that, there are plenty of other sites that tout the possibility of challenging every bit of evidence obtained and every step taken in a DUI case (for the price of a King's Ransom) in the hope that the whole case can be dismissed. Given the statistical unlikelihood of that, I thought it's time to talk about what the person facing the DUI can really expect to go through. Again, this article will focus much less on the legal implications, opting instead to examine the practicalities and realities that lie ahead.

The reader facing a DUI has undoubtedly dealt with a number of these realities so far: Being put in the Police car, being taken to Jail, taking the Breathalyzer test, undergoing the Booking and Printing, and finally being released. From there, most people have to go and get their car back.

Most of the time, unless there is a sober person in the car with a valid License who can drive it away, the Police will have the DUI Driver's car towed to an impound yard. In some cases, the County Prosecutor will put what can essentially be called a "hold" on the car, and sets a price for the Driver to get it back. When that happens in Macomb County, for example, the fee is usually $900 in a 1st Offense DUI, and $1800 in a 2nd Offense DUI. Even when there is no Prosecutor's "hold" to deal with, there will be a towing and storage charge that needs to be paid to get the car back.

Of course, those first few hours back at home are stressful. Your Driver's License has been taken, and instead you have this "paper License" called a Michigan Temporary Driving Permit. The car is in the driveway or garage with a paper plate instead of the old metal plate. If it isn't, it's sitting in some storage yard waiting to be picked up. When there's no Prosecutor's "hold" on the car, storage charges accumulate by the day. The location of the car is usually indicated in the papers the Driver receives from the Police upon their release.

There are plenty of those papers, too. Usually, but not always, a person is given a Ticket (Citation) for there DUI. Then there's this large, pink sheet that looks like a big store receipt called an "Evidence Ticket" that was generated by the Breathalyzer machine.

If a person refused to take a Breath Test, they most likely will have had their blood drawn. In those cases, they're sent home with a copy of the Warrant signed by a Judge or Magistrate allowing their blood to be taken, and another paper called an "Officers Report of Refusal to Submit to Chemical Test."

Continue reading "Dealing with a 1st Offense DUI (OWI) Case in Macomb, Oakland or Wayne County - Part 1" »

In part 1 of this article, we began our general overview of 2nd Offense DUI's and some of the considerations involved in this type of case. In part 2, we continued that examination. Here, in part 3, we'll conclude with a discussion of Court costs and other, related fees, and take a look at how the emotional and psychological aspects of a 2nd Offense charge can be viewed either with optimism, or pessimism, and how being ready, willing and able to do some legwork can have such a significant impact on making the outcome of such a case much better.

It should come as no surprise that, beyond legal Fees, this will cost a lot. And here's where I have to be honest about my feeling on the matter: Oh well. We all have money issues. If I had more than enough to need to work, I'd be somewhere warm, managing investment accounts under a palm garden, sipping Sweet Tea and listening to the gentle crash of the ocean waves. But I'm here, and not there, and neither is the person facing a 2nd Offense. We all have to do what we have to do, and if you're facing a 2nd Offense DUI, paying a lot of money is part of that.

Some people take a bit of stress off themselves and just accept this, while others will rant on about how it's a great big conspiracy on the part of the Court and the Government to make money. In the end, it really doesn't matter what it is, because a person has no choice, anyway.

Those costs are significant. If a 1st Offense seemed expensive, wait and see how this goes. Fines and costs can easily be double that of a 1st Offense. The Driver Responsibility Fees WILL be double, racking in at $1000 per year, for 2 years. Probation will likely be longer, and will almost certainly be Reporting, which will also cost a nice chunk of cash, unless the person lives, or moves out-of-state. There will be Counseling and/or Treatment. Guess who pays for that?

Now I'm not suggesting anyone can "buy" their way out of a 2nd Offense DUI, but NOT being able to pay fines and costs, and otherwise coming to Court with empty pockets will only complicate things. Here's where another bit of honesty, as opposed to salesman's diplomacy, is needed on the part of the Lawyer: If YOU were the Judge, and you sat on that Bench and saw DUI after DUI, with lots of them being 2nd Offenses, how interested would you be in dealing with all the excuses why a person cannot pay? Part of that Judge's mentality becomes, at least with time, the whole notion that "If you're going to play, you've got to pay." It's really that "oh well" sentiment all over again.

Now, I do understand that not everyone can satisfy the financial obligations caused by a 2nd Offense quite so easily. But a Lawyer has to do more than just go in and ask the Judge "can my Client have some time to pay?" After all, the Client can do that on their own. Instead, I have a rather simple approach; if you pay me, I'll help you get time to pay them. We might need to sit down and actually sketch out a budget to hand the Judge, but if that's what it takes, then that's what it takes.

This pretty much wraps up the "Legal" considerations involved in a 2nd Offense DUI case. There are also a few very important emotional and psychological aspects to these cases that are just as important.

Continue reading "OWI 2nd Offense in Macomb, Oakland and Wayne Counties - Part 3" »

In part 1 of this article, we began our general overview of 2nd Offense DUI's. We looked at staying out of Jail, evaluating the evidence, and Legal Fees. In part 2, we'll pick up with an examination of the concept of a legal "Consultation," finding the right Lawyer, License Consequences (meaning mostly License Revocations) and Counseling and Treatment options.

Like every Lawyer out there, I do consultations. Mine, however, are done on the phone. I can spend 15 or 20 minutes with someone on the phone and get a good feel for them, their case, and what issues it presents. Likewise, they can get a feel for me, and my approach. What I like best about a phone consultation is the somewhat anonymous ability for either party to not feel any obligation or pressure beyond that phone conversation. In other words, if I don't like you, or I think you're a kook, or if you don't like me, or think I'm whatever, then we need not go any further. We can say "goodbye" and hang up. I have been told, many times, by Lawyers who do the "in person" consultation that it has a good "closing rate," and that I should change my approach to do it that way. In other words, the idea is that once you get them in the office, you should be able to get them to sign up.

I don't work that way. I could explain that all day, but in the end, that's just not me. Instead, after speaking with someone, if they feel I'm the Lawyer for them, and I think I can help them, then they can either let me transfer them to one of my Staff members to schedule an appointment, or, if I'm not in the Office and am returning the call (which is the usual scenario), then I'll tell them to call my Office and schedule an appointment.

I have written several articles about finding the right Lawyer, and I urge the reader to review them. One thing I'm sure about is that, as much as I might spark some curiosity about me with all these articles, I will also convince some people that I'm not the Lawyer for them, which is also a good thing. I have no illusions that I'm the Lawyer for everyone. I speak frankly and often use the more pedestrian voice of my upbringing. That's me. In fact, the whole point of this is that finding the right Lawyer for you takes some time, and is a process. Even if the first Lawyer with whom you speak turns out to be the one for you, that should become clear only after you've weeded through a number of others with whom you've spoke, or whose articles you've read. More than anything else, you have to like the person you're going to hire.

Finding the right Lawyer, then, really involves a number of considerations.

Lets' assume the reader has already found the right Lawyer. The reader is well aware that the maximum possible Jail penalty for their 2nd Offense DUI is 1 year n the County Jail, and that, unless their case is being heard in the 48th District Court, with some good legal work, they can usually avoid dong any of that Jail time.

Continue reading "OWI 2nd Offense in Macomb, Oakland and Wayne Counties - Part 2" »

In previous articles, I have examined many different aspects of DUI cases, including some specific issues relative to 2nd Offense cases. In looking over those articles, however, I noticed that we have yet to conduct a more general overview of the whole 2nd Offense Drunk Driving subject. That's what we'll be doing in this article. We'll look at consequences, defenses, Fees, Lawyers, Counseling and Treatment, and the whole gamut of things a person will have to deal with if they are charged with a DUI.

This article will be broken into 3 parts, with part 2 being the longest because I prefer to break off at a logical stopping point.

My Practice not only involves a lot of 2nd Offense DUI cases, but also, because of my specialty as a License Restoration Lawyer, deals with the after-effects and consequences of those DUI's. As often as not, a person who hires me to help with their Driver's License Restoration is someone whom I did not represent in their 2nd DUI case.

Likewise, I am often called upon to represent a former Client in their 2nd DUI. Usually, that first conversation involves some mention, on their part, of the words "embarrassed" or "stupid." The next thing that comes up is an anxious, yet understandable concern about "what's going to happen to me?" Underlying all of that, of course, is the ultimate question: Am I going to Jail?

And the good news is that, with some focused, good work, the answer to that can question can almost always be "no." Things are different in the 48th District Court in Bloomfield Hills, where a 2nd Offense DUI, unless it is dismissed on some technicality or "beaten" at Trial, will ALWAYS result in a Jail Sentence. Not to make light of the situation, but if you're facing a 2nd offense in that Court, unless you have a plan to beat the case somehow, you'd better bring a toothbrush.

This does not mean, however, that a person facing a 2nd Offense charge is automatically not going to go to Jail. Instead, as I noted, it means that with the proper work from BOTH the Client and their Lawyer, Jail can be avoided. In other words, a 2nd Offense DUI is kind of like a heart attack; prompt and proper attention to the situation can make all the difference in the world. Doing nothing, or just waiting to see what happens will always mean things turn out worse.

Let's talk specifics: A 2nd Offense DUI is a Misdemeanor Criminal Offense. By Law, it carries a maximum Jail penalty of up to 1 year in the County Jail.

Continue reading "OWI 2nd Offense in Macomb, Oakland and Wayne Counties - Part 1" »

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" »

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 over-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" »