In part 1 of this article, we began a real-world examination of 2nd offense DUI cases in Michigan. Our objective in this piece is to drill down into what a person will experience, and why, as he or she deals with a 2nd offense drunk driving charge. The major thrust of part 1 was to examine and understand that in a 2nd offense case, the real focus of the law, and, by extension, the court system, is on a person’s drinking. By the time someone winds up in court for his or her 2nd DUI, he or she has proven themselves to be a risk to the public after consuming alcohol.
Years ago, I heard a Judge put it this way, and it has stuck with me ever since: “Society has lost its sense of humor for people like you.” DUI cases are now taken more seriously than ever. The red flag thrown up by every 2nd DUI offender is that he or she is someone who needs to be stopped from driving drunk again. It’s taken as a given that whatever was done to him or her the first time around obviously wasn’t enough. It certainly shouldn’t come as a surprise, then, that everything that will happen in a 2nd offense DUI case is going to be “tougher” than what was done in a person’s prior, 1st offense case.
The first tool the courts will use to accomplish that is to separate him or her from drinking altogether. Accordingly, it is standard in almost every DUI case – and certainly in EVERY 2nd offense case – that a “no-drinking” condition of bond will be set and the person will be required to periodically test to prove that he or she is in compliance with it. Beyond that, his or her probation will also require that he or she continue to abstain from alcohol and continue to test, in addition to completing counseling and/or treatment, among other things.