Michigan Criminal Defense Lawyer Blog
Facing a DUI charge makes the the old saying that “there’s good news, and bad news” as true as ever. In this short article I want to cover 2 things about a DUI: what will happen to your license and what goes on your record. An OWI charge always comes as bad news. We have to start with that, but there is some good news here, as well, because the consequences to your driver’s license and your record aren’t nearly as bad as you probably fear right now.
It’s normal for people to freak out over a DUI arrest. Unfortunately, most lawyer websites do little (or nothing) to alleviate such stress because the prevailing trend in legal marketing is fear-based. Whether intentional or not, the idea is to point out all the bad things that could ever possibly happen in order to motivate (scare) someone to call for help. I hate that tactic, and have always taken the opposite approach. For example, I like to point out that, almost without exception, jail is NOT on the menu in a 1st offense DUI case, at least here, in Oakland, Macomb or Wayne Counties.
That said, there are plenty of real-world consequences that will happen as a result of a DUI. The good news, however, is that what most people fear will never come to pass. Make no mistake, success in a DUI case is always measured by what does NOT happen to you. Proper legal handling of a drinking and driving case is the key to avoiding and/or minimizing all the potential consequences and penalties.
Rather than build up to the big explanation, let me clarify things now, and we’ll get into the details later: The entire point of a driver’s license restoration or clearance appeal to the Michigan Secretary of State is for you to prove that you have quit drinking for a sufficient period of time, and have the ability to remain alcohol-free for good. In other words, you have to show that you had enough of drinking, decided to quit, and intend to “stay quit” for good.
This article was suggested by my Ann, my senior assistant, after a long day of talking to people and answering questions about the Michigan driver’s license restoration process. My office handles about 200 license appeals each year. Because I guarantee to win every case I take, that requires us to screen out those callers who aren’t yet ready, and that, in turn, means talking to a lot of people. For all the questions you may have about winning your license back, let me ask this one about you: are you a wisher, a wanter, or a doer?
Every lawyer, of course, wants to get that first call, so they use gimmicks like “phones answered 24 hours” to stop people from looking around any further. That, as we noted, is exactly the OPPOSITE of what you should do. Instead, you should always be a good consumer, take your time, look around at all your options, and then make an informed decision. Just as part 1 tied into part 2, part 2 ties in to this third part, because as you do that, you should always play it safe and question everything you hear or read.
In truth, there is absolutely NO good reason why you shouldn’t be a smart consumer and do your homework before you hire an attorney. You’d do that if you were buying a new car, refrigerator, or TV, so you shouldn’t do any less when it comes to deciding who will represent you. You certainly don’t have to spend a ton of time on this quest, but neither should you run to the first lawyer with whom you speak, either.
If a person can simply chill out for just a moment and consider a few things before reacting, he or she can make good and thoughtful choices, rather than, as my parents used to say, “jump from the frying pan into the fire.” One of the biggest mistakes people make right after an OWI arrest is to act out of fear. What’s worse is that there is almost an entire segment of the legal industry set up to take advantage of that fear. Moreover, and as I just noted, most, if not all of that fear is misplaced
As a matter of policy, my office will ONLY handle clearance cases for someone who comes back to meet with us. This isn’t nearly as bad or inconvenient as it sounds (especially compared to the inconvenience of not driving). My clients only have to come back to Michigan twice. The first visit is to meet with us (for about 3 hours) and then our clients go from our office to the counselor’s office to have the substance abuse evaluation completed. This is essentially a “one and done” kind of deal, because we’ll work on the letters of support and anything else that needs to be done via email or the like.
Unfortunately, we are frequently called after the person has already spoken to the police and answered questions. Without fail, every single person who calls after speaking with the police says something like “I think I might have made things worse,” because they realize, although only after the fact, that they should have kept quiet. If you’re reading this after you’ve talked, don’t freak out. Most people do. Then my job becomes making the best of what we have to work with.
Remember, after a successful driver’s license restoration appeal, a person has to drive for at least 1 year on a restricted license with an ignition interlock unit. Once he or she has accumulated 12 months, however, they can move forward for “full” restoration. One frequent misconception is the idea that it “looks better” if the person spends a little more time on the restricted license. That’s dead wrong.
We’ll start by clarifying one important point – “1st offense” means that a person has not been convicted of any other prior alcohol-related traffic offense within 7 years. DUI driver’s license penalties are imposed by the Michigan Secretary of State (SOS), and under its rules, a conviction can ONLY count as a 1st offense if a person has not had any other alcohol-related driving convictions within 7 years from the date of arrest for the current charge.