Michigan DUI and Probation Violations in DUI cases Involving ADD, Anxiety, Depression or Mood Disorders - Part 2
In part 1 of this article, we defined what is unfortunately an often overlooked but all too common problem in Michigan DUI cases - the existence of an underlying mental health situation involving things like ADD, anxiety, depression, or a mood disorder. This inquiry focuses on both those situations where a person is facing a DUI charge, and those situations where a person violates probation for a previous DUI case, by testing positive for alcohol or another substance.
We noted that this topic applies equally to individuals who do have, and those who do not have, any kind of alcohol or substance abuse problem. Our discussion led us to the stark realization that more understanding and appropriate treatment is given to a murderer (think of the convicted killer of John Lennon, and the guy who shot President Ronald Reagan) or serial killer than a DUI driver suffering from anxiety or depression.
Now, we'll shift our perspective a bit to that of the clinician. As a Michigan DUI lawyer involved in ongoing education at the graduate level in addiction issues, and with an undergraduate degree in psychology, this whole topic hits a nerve with me. I feel compelled to do more than just play the role of "DUI lawyer" in this type of situation, and because of my background, I am uniquely able to understand the larger dynamic at play when a DUI client presents with an underlying mental health issue. What's most alarming is that huge numbers of people in our modern society have to deal with things like ADD, anxiety or depression, but this seems to be overlooked by the court and probation people assigned to "handle" DUI cases. The point I'm making is that the presence of these conditions is not a small-scale phenomenon. You'd be hard pressed to find a family without some history of one of these conditions.
About the best thing a court can do to someone who has any kind of mental health issue, regardless of whether or not the person has a co occurring alcohol (or drug) problem, is to make sure the "right" therapist treats him or her. By "right," I mean someone who understands co morbid substance use and abuse issues. Sometimes, this isn't an issue because a person may have his or her own therapist. If someone does not, then it can take some work to find the "right" person, and even then, the therapeutic relationship begins somewhat precariously, with the knowledge on both sides that, because of the court's undeniable presence and role, it's a bit like an arranged marriage.
From the clinician's side of things, it is frustrating to have to send reports to the court about a client's progress, and to know that what is absolutely, everyday normal in the therapeutic world, namely, that a client will "slip" and have a drink, or use, is cause for punishment for a court-referred person and that such a person can actually be sent to jail. In other words, a person who is not on probation will work through his or her problems with the therapist and report an episode of drinking, or using, without fear of being punished. Progress, in the clinical sense, and in the real world, typically involves two steps forward, one step back, three steps forward, one step back. Very often, that step back can be a drink, or an episode of using. It happens; this is expected and understood as a normal part of getting better. Every therapist is intimately familiar with this, but that knowledge doesn't seem to make it through the courthouse doors...