After more than 23 years as a Macomb County DUI lawyer, I am convinced beyond any doubt that if you have to face a 1st offense DUI charge, or any DUI charge, for that matter, you're a lot better off if it's in somewhere in Macomb County rather than anyplace else. In contrast to most of my other DUI articles, this one will be shorter. The DUI section of my website most of the articles this blog contains tons of in-depth information of just about every aspect of and step in a Michigan DUI case. Here, I just want to make a point that's a ray of sunshine, at least if the cloud over your head is a Michigan drunk driving (technically called "OWI," or operating while intoxicated) charge.
Here, we will focus on one simple point: Macomb County is the most consistently decent and forgiving of three Metro-Detroit Counties in terms of being more "lenient" on people dealing with a first time drinking and driving charge. This is not to say that these courts are, in some way, more tolerant of drunk driving, nor are they in any way less aware of the potential dangers posed by driving while over the limit. Yet the truth is that the vast majority of us have, at some point in our lives, driven home when we probably shouldn't have, and to act otherwise is hypocritical.
Everyone knows that for the longest time, there has been an increase in public attention on drunk driving. Laws are getting tougher, not easier, and it only makes sense that, as a society, we want less, rather than more people getting behind the wheel while intoxicated. It is decidedly easy for any Judge to jump on the bandwagon and get "tough" on DUI cases. Beyond being simple, there is absolutely zero political risk in taking a hard stance against drinking and driving. No Judge risks losing a reelection bid for being perceived as having tried to hard to protect his or her electorate from drunk drivers. Doing the right thing, as opposed to the easy, or politically expedient thing, however, requires both consideration and courage. This is where I give high marks to the Judges in Macomb County.
In Oakland County, a 1st offense DUI driver can expect to be "put through the ringer" much more severely than he or she would be in Macomb County. And while most of the courts in Wayne County, like almost all of those in Macomb, share the belief that a person can make a mistake and learn from it, there are a few others that tend to be more like their counterparts in Oakland County, rather than Macomb. In other words, the courts in Wayne County are not as consistently understanding (if you're the one facing the DUI, this really means lenient) as those of Macomb; it depends on the city in which the case is brought.
How this really works out, and where it matters to anyone facing a DUI is what actually happens to you. And let's be clear about any concerns over going to jail; unless your case winds up in the 48th district court in Bloomfield Hills, there is virtually zero chance that will happen. If you really do your homework, then you'll find out that one Judge in the whole Tri-County area, Kimberly Small, has a policy that sends every DUI driver, including first offenders, to Jail. If she's not your Judge, and/or your case is pending in any other court, you can breath a lot easier.
I wanted to get this out of the way because I think it's BS for a lawyer to make it sound like his or her efforts will be the difference between you going to jail or not in a 1st offense DUI case. Instead, the intelligent and well-informed efforts of the DUI lawyer are best directed at avoiding all the other consequences that can be imposed as a sentence in a DUI case. These include what can feel like endless classes, counseling, ignition interlock, rehab, all done on your time, and all of which you will pay for out of pocket. So why is it "better" if your case is in a Macomb County court?