In part 1 of this article, we began our “big picture” examination of 2nd offense DUI cases by noting that there are really 2 key assumptions in every such case (particularly from the Judge’s perspective): first, that a 2nd offense DUI basically equates to the presence of a drinking problem, and second, that a person facing such a charge is a repeat offender. We noted that even if a person rarely drinks, picking up an OWI 2nd charge means that drinking is a risky activity for him or her. Here, we’ll pick up here and finish our examination of the drinking problem issue, and then move on to the habitual offender aspect of all this, and how, if handled correctly, we can use the issue of one’s troubled relationship to alcohol in order to offset the idea that a person is a habitual criminal. We left off in part 1 by noting that a person cannot simply show up to court in a 2nd offense case and claim that this is all just an unfortunate incident of bad luck, and/or that there’s really nothing to worry about with respect to his or her use of alcohol.
This is important, because a person facing a 2nd DUI needs to understand that it really doesn’t matter how often or how much he or she does (or does not) drink, especially when they insist that no matter how things may look, they don’t drink that much, or otherwise don’t have a drinking problem. As the reader looks for a lawyer, keep this in mind, because it needs to be properly addressed by any lawyer worth hiring. If a lawyer doesn’t thoroughly work through this issue for you, then what is he or she going to do? Sure, one can “fight,” if there is something wrong enough with the evidence to fight about successfully, but if there isn’t, then what? What else can a lawyer do? Stand there and tell the Judge that the client insists he or she is not a big drinker, and doesn’t have a problem? What benefit with that bring? We surely know that the Judge has already reached the conclusion that the person’s drinking, is, to at least some extent, problematic. When handling a 2nd offense DUI case, the “I know it may look bad, but Im really not a big drinker” approach is worthless, and isn’t going to help anything. In fact, it only makes things worse.
That’s why acknowledging this is a starting point to correctly handle a 2nd offense DUI case. In fact, I’ll go one step further and say that the failure to address this up front is an outright mistake, and means the case is NOT being properly handled. As we noted above, though, there are really 2 assumptions that are part and parcel of every 2nd offense DUI case. Having briefly looked at the first (that the person has a problem with drinking), let’s now move on to the second – the idea that a 2nd DUI offender is a habitual offender, meaning a habitual criminal.