3rd Offense (Felony) DUI cases and the Realities of Jail, or not - Part 2
In part 1 of this article, we looked at how the particular County in which a person's 3rd offense DUI charge is pending plays an important role in how things ultimately turn out. In this second part, we'll begin examining why the threat of being sent to Prison is more bark than bite, and what kind of Sentences are really passed out in 3rd offense cases.
In the first part of this article, we confirmed the rather well-known fact that Oakland County is the toughest of the 3 local Counties in which to face a 3rd offense (Felony) DUI, or any DUI charge, for that matter.
Let's hit the "pause" button here for a moment. If Oakland County is the toughest of the 3 Detroit area jurisdictions, and a person is realistically facing a deal where the worst case is about 100 to 150 days in Jail, what all that racket about "up to 5 years in Prison?"
In order to be sent to Prison for 5 years, a person must usually have a number of prior 3rd Offense DUI Felonies. In 20 years of handling DUI cases, I've never seen anyone with 2 or 3 prior DUI convictions be sent to the State Prison. Remember, Jail is where a person goes for up to a year, and Prison is where they're sent for a Sentence that calls for a minimum of 1 year. In other words, you have to be a really hard case to actually be facing a Prison term. This means that the overwhelming majority of 3rd offense DUI Offenders are facing, at worst, a Jail term, and not a Prison Sentence.
I think one of the most underrated components of successfully handling DUI cases involves the degree of the Defense Lawyer's enthusiasm for the Client. I might ruffle a few feathers here, but I strongly believe that it is extremely difficult, if not downright impossible, to switch sides and go from being a Police Officer, or a Prosecutor, to being a Defense Lawyer who has a real empathy for someone facing a DUI charge, particularly a 3rd Offense. To the Police, Drunk Drivers are (understandably) people best taken and kept off the streets. Prosecutors are the ones who try and keep them off the streets. An old investigator I once knew believed that those formative career years shape a person's natural disposition and can never be completely stripped away. His phrase about hat he perceived as the inability of a Prosecutor to become, heart and soul, a Defense Lawyer (or, for that matter, the other way around), is that "the die has already been cast."
For the most part, I agree with that, because it has always been my job to help my DUI Clients avoid any, or as much Jail as possible. I look for, and see the good in them, and share with them the regret for what's happened, and the fear for what is going to happen. I try with every fiber of my being to coax a better deal, or get a bigger break, or do whatever I can to make the outcome of their case as good and lenient as possible for them. If I suddenly became a Prosecutor, I would not be able to just not shake my concern for the person standing in front of the Judge, even though my job would be to make it tough on them. In short, I'd make a lousy Prosecutor because I just couldn't invest my whole heart into what I was doing. I picked my side long ago. The die, in other words, has already been cast.
Continue reading "3rd Offense (Felony) DUI cases and the Realities of Jail, or not - Part 2" »
About 4 years ago, on January 3, 2007, the Michigan Law regarding 3rd Offense Drunk Driving charges was drastically changed. Prior to that date, a person had to accumulate 3 alcohol-related traffic offenses within a 10-year period to be charged with a Felony. In other words, a person needed 2 prior DUI's (or, more specifically, alcohol-related traffic offenses, because a "zero tolerance" conviction could count as a prior offense) and then acquire a 3rd, all within 10 years, before the 3rd Offense Felony charge could be brought.
