In part 1 of this article, we began examining the rather serious implication that anyone facing a Michigan High BAC charge has some kind of drinking problem. While this is always a concern in High BAC cases, it really applies in any case where a person’s BAC result is elevated. This makes sense, given that it has been consistently shown that, as a group, DUI driver’s have a statistically higher incidence of alcohol problems than the population at large. That makes things worse for anyone facing the more serious “High BAC” OWI charge specific to having a bodily alcohol content that’s more than twice the legal limit.
We concluded part 1 by pointing out that about the worst thing a person can do is exactly what just about everybody does, in fact do, and that’s insist that they’re not a big drinker, that they don’t drink that much, or not that often, and/or that, on the day of their arrest, they really didn’t have that much to drink. As I pointed out, the people who work in the court system hear this same kind of stuff so much that they don’t really pay attention to it, and, moreover, don’t believe it anyway. This kind of minimization of one’s drinking will do nothing to actually help a case.
Here’s the thing most people fail to understand: minimizing one’s drinking, both overall and on the day in question, isn’t any kind of strategy that will help in a High BAC charge. Although it’s almost instinctive for people to make self-declarations that they’re not a big or frequent drinker, that they only had a few, or that they weren’t “that drunk” when they were driving, such statements are actually counter-productive to the outcome of a case. This may seem counter-intuitive, but it’s also true.