Michigan Criminal Defense Lawyer Blog

A Michigan DUI case is comprised of 3 distinct phases, and each of them will feel very different to anyone going through the process. Every case begins with the investigative and arrest phase, and then moves on to the court phase, and finally, the post-court (probation) phase. As Michigan DUI lawyers, most of what we do takes place in the court phase, but the point I want to make in this article is that the focus there needs to first be directed backwards, at the investigative and arrest phase, and what happened there, and then directed forward, through the post-court (probation) phase, to make sure that, when all is said and done, the client has the easiest time possible.

This may sound logical, but in a DUI case, it’s important to remember that everything done at the court phase has to take into account how and why the client got there in the first place, and what can be done to avoid and/or minimize all the consequences that will follow. Because the lawyer wasn’t there at the time of the arrest, that only makes it all the more important for him or her to thoroughly investigate all the circumstances surrounding it. When a DUI charge lands on a lawyer’s desk, he or she needs to start digging and question everything about it.

Even in a case where the traffic stop and/or initial police contact is legally solid, the police may have made some mistake(s) or other in the the way the evidence was gathered (like how the field sobriety tests were conducted, for example) that can be strategically used to drive a better outcome. Any problems with the traffic stop, or what followed, can only be found if a lawyer is diligent and makes it a point to thoroughly explore the investigative and arrest phase of a case.

Anyone facing a DUI charge needs clear and honest information. As Michigan DUI lawyers, our firm defines itself by the way we communicate and provide knowledge. In this article, we’re going to sketch out what can be thought of as a kind of  lawyer’s guide to finding the right representation for a DUI charge. This will not be some kind of thinly disguised “call me” piece, but rather a candid look at how to find a DUI lawyer, even for people who live well outside the geographic area where my team and I practice.

With the exception of personal injury cases, there is probably no other area of law where one can find more lawyers competing for business. Here, in the Greater-Detroit area (Wayne, Oakland, Macomb, Lapeer, Livingston, St. Clair and Washtenaw Counties), that often leads to attorneys fighting for a piece of the same pie, so to speak, and sometimes gives rise to “fear-based marketing” that characterizes the lawyer or firm as uniquely able to save the reader from all kinds of scary-sounding potential penalties, many (if not most) of which aren’t really likely in the first place. It’s probably very much like that just about everywhere.

To be sure, the simple fact is that success in a DUI case is best measured by what does NOT happen to you. That’s the gold standard by which every law firm should operate, and certainly the one by which ours does. The reason anyone hires a lawyer in the first place is to either avoid as many of legal penalties and negative potential consequences from a DUI charge as possible and to otherwise minimize any that can’t be escaped outright. The attorney’s job, of course, is to use his or her experience, knowledge and skill in order to accomplish this.

As Michigan DUI lawyers, we represent plenty of women. Although the actions that give rise to a drunk driving charge generally have nothing to do with gender, it is also true that in some cases, men and women will experience a DUI case differently. Precisely because I am a male, I cannot even pretend to do anything more than acknowledge this reality, and understand that it exists. Even so, the simple fact of recognizing that the experience of going through a DUI can be different for women than for men is important, and is at least a start.

The inspiration for this somewhat short article came from a recent discussion with my wife as we talked about the general misery for anyone facing a DUI charge. She wondered aloud if some aspects of the process wouldn’t automatically seem more burdensome to a single mom than a single man without children. From there, we had a back and forth about all the things that could be different, and those we thought could at least “feel” different, regarding the DUI process, just based upon a person’s gender. In a completely un-scientific way, we both came to realize that there is really a lot to all of this.

As a busy DUI law firm, my team and I concentrate on handling drunk driving and driver’s license restoration cases. As it turns out, the other 2 lawyers and all the support staff in our practice are female. They weren’t hired with any consideration of their gender, but rather because of their sheer intelligence, experience, and skills. If I spend too much time heaping praise on them, then this would be far more of a promotional piece rather than an informational article, but the bottom line is that I truly believe my associates are brilliant, and they would be the lawyers I’d want representing me if I found myself in a legal jam.

In part 1 of this article, we began examining the important role of the alcohol screening that is mandatory in all Michigan DUI cases. As we noted there, that screening is really a written “test” that is administered as part of a larger process called the “PSI,” short for “Pre-Sentence Investigation.” The whole point of the screening and PSI is for the probation officer assigned to a given case to generate a written report and sentencing recommendation that is sent to the Judge, who will use it as a basis for deciding what kind of consequences, conditions, and penalties to impose.

Toward the end of the first part, I pointed out that this is so critical because every Judge, in every court, follows the probation officer’s sentencing recommendation very closely. The simple fact is that no Judge is ever going to depart in any significant way from what his or her probation department has recommended and then order a sentence that is different from what was suggested. In a very real sense, the sentencing recommendation can essentially be looked at as a blueprint for what is going to happen to someone as a result of his or her DUI charge.

As I often point out, the gold standard that my team and I follow, as Michigan DUI lawyers, is that success in a DUI case is best measured by what does NOT happen to you. Given that the sentence ultimately imposed is a direct result of what is recommended in the PSI, then the goal, of course, should be to procure a more favorable recommendation in the first place. Because of the critical function of the alcohol screening within the PSI process, it is imperative for anyone going through a DUI to perform, meaning “test out,” as well as possible on it.

In a recent article, we looked into why, in Michigan DUI cases, the court system must and will thoroughly examine a person’s drinking habits and history. In this piece, we’re going to really zero in on that and focus in on a critical stage in every OWI case – the Pre-Sentence Investigation (PSI) and the mandatory alcohol screening that’s part of it. We’ll examine what happens there, and why my team and I, as Michigan DUI lawyers, put so much effort into preparing our clients for it.

The whole point of hiring a lawyer in the first place is to avoid as many of the legal penalties and negative consequences as possible from a drunk driving charge. Thus, and as I often point out, success in a DUI case is best measured by what does NOT happen to you. Whatever penalties are or are not imposed, though, will be decided at the sentencing. This is important, because the mandatory alcohol screening and PSI ultimately culminates in a written sentencing recommendation being sent to the Judge advising him or her exactly what to order (and what not to order) as a person’s sentence.

In practice, the alcohol screening is really the single most important factor in determining what that recommendation will be, and, therefore what kind of sentence will follow. This screening, variously referred to by different courts as an “alcohol assessment,” a “substance abuse assessment,” “substance abuse evaluation,” “substance use evaluation”(or just an “assessment” or “evaluation”) always refers to a person completing some kind of alcohol or substance use questionnaire, which, in proper clinical lingo, is actually called a “screening instrument.”