This short article, like many others on this blog, was inspired by a conversation I had with Ann, my senior assistant. She was giving me the details of a conversation she had with someone regarding his DUI and suspended license charges, and noted that the caller had pointed out how he watched in court as one woman went before the Judge for a drinking and driving offense and didn’t get any jail time, and then tried to use that as a basis to predict what would happen in his case. Ann asked, of course, it he knew anything about her charge, prior record, or case history, and he responded that he didn’t. Ann then explained to the caller that no two cases are alike, and that you can’t ever compare your situation to anyone else’s, especially if you don’t know all of the details. That’s when the idea hit me, because I realized that just about everyone one of us looks around for comparisons in just about every situation we find ourselves. That may work, or at least work better, when it comes to fixing a jammed garbage disposal or something like that, but not within the context of a criminal or DUI charge, where there are just way too many variables.
You most likely know this already, but that doesn’t stop you, or me, or really all of us from doing it anyway. That’s human nature. My hope is that this short article will help make clear how this not only doesn’t work in criminal and DUI cases, but can also be misleading. Let’s use an example: Imagine Drinking Dave picks up his 1st DUI in city “A.” On that same night, Tipsy Tina is also arrested for her 1st DUI in city “A,”, as well. Sounds kind of like they’re in the same boat, right? Well, there are about a million things (maybe even more) that could make their cases very different, and that, in turn, could make what happens to each of them very different, as well.
If Tina has had 2 prior MIP’s, even if they were quite a few years ago, her relationship to alcohol is going to be perceived by the court as risky, if not outright troublesome. This would be even more so if her BAC at the time of her arrest was high, like a .21. If Dave, by contrast, has never been in any kind of trouble before and his BAC was .12, he’s just automatically going to be seen as less risky than Tina. Generally speaking he’s likely to wind up with a less demanding term of probation, meaning he’s likely to have to test less frequently, and will probably not be found to need the level of rehabilitative or treatment services that seem almost certain for Tina.