Anyone facing a 1st offense drunk driving charge has lots of questions. In fact, as each hour passes, every unanswered question sprouts even more questions. This article will deal with just one of the questions that, as a Michigan DUI lawyer, I'm asked quite frequently: "Should I get into some kind of counseling?" While my answer is most often a simple "no," there is a longer explanation behind it, and that will be the focus of our current inquiry.
To begin, I have to define a few things, beginning with me:
First, and technically speaking, I am a Michigan DUI lawyer because I am a licensed Michigan attorney. More accurately, I am a Metropolitan Detroit, Tri-County area DUI lawyer. Specifically, that means that I am a DUI lawyer who only handles cases in Macomb, Oakland and Wayne Counties. This means that I know how things work in the courts of the Detroit area. All of my experience is here, and after 23 years, I've certainly accumulated a lot of it. If you're facing a DUI in Macomb, Oakland or Wayne County, I know the difference between one court and the next, and even between different Judges in the same court. The other side of the coin, though, is that while I suspect things might be similar beyond the Detroit area, I don't really know.
Second, a "1st offense DUI" means, rather obviously, any DUI charge if you don't have any priors. Yet even if you do have a prior offense, as long as the conviction for it occurred more than 7 years before the arrest for your current charge, the new case can only be brought as a "1st offense." That 7-year mark is critical because the law begins measuring the date of your last DUI from the date of conviction, meaning the date on which you pled guilty.
Third, a "high BAC" charge, sometimes written up as "OWI enhanced," or otherwise known as "super drunk" is still a 1st offense. In fact, legally speaking, you can only be charged with this "enhanced" DUI if you are a 1st offender. Of course, as noted above, if you had a prior more than 7 years ago, any subsequent charge is a 1st offense. To be clear, it doesn't matter what your BAC results, if you have had a prior DUI within 7 years, you cannot be charged with the "high BAC" or "enhanced" OWI.
Fourth, and following from above, the technical name for a drunk driving charge in Michigan is really OWI, which stands for "Operating While Intoxicated," and not "DUI." There is no legal term called "DUI," nor is there a charge named "DWI." While people use these terms rather freely, you will never see anything except "OWI" or "Operating While Intoxicated" on a ticket or any official paper issued by the state, or by a court. After years of using the technically correct term, I finally gave up and gave in and now use "DUI" just like everyone else.
Fifth, the terms "counseling" and "treatment" are often used interchangeably. For the most part, this is okay, but the reader should recognize that someone staying at an inpatient facility and being given medication to ease the effects of alcohol withdrawal is being "treated," and not "counseled." By contrast, someone meeting with a substance abuse counselor once or twice a week is in "counseling," and not really being "treated." For simplicity's sake, we'll stick with the common, interchangeable use of the term counseling and treatment, having at least noted, at the outset, that they can, technically speaking, refer to different rehabilitative modalities.
A lot happens when you're arrested for a DUI. The first 24 hours following your arrest is stressful. As soon as you think of one thing, another pops into your head, and soon enough, your head is practically spinning. Of course, everyone wonders if there is some way to just make the whole thing go away. What if the officer didn't read me my rights? Maybe they can cut me some slack because I have a good record and a good job and this is really going to screw me up...
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