In part 1 of this article, we began looking at how and why 2nd and 3rd offense Michigan DUI charges are so much more serious than 1st offense DUI charges. We began by noting that the overwhelming majority of DUI offenders fall well outside any notion of being a “criminal,” even though drunk driving is a criminal offense. In addition, we saw that there is no class or group of people who are exempt from getting caught driving over the limit. In that sense, a DUI often represents a the textbook example of a good person finding him or her self in a bad situation.
The whole experience of a 1st offense DUI is legally structured to be expensive and otherwise unpleasant in such a way as to strongly deter someone from a repeat performance. In addition, under Michigan law, anyone convicted of a 2nd of 3rd offense DUI is automatically categorized as a “habitual alcohol offender,” is presumed to have a drinking problem, and will have his or her driver’s license revoked as a result. This means that anyone showing up in court for a 2nd or 3rd offense DUI can’t explain away their situation as just “bad luck.”
This is a critical reality that the DUI lawyer and client must either acknowledge and plan around, or else get crushed by, as they go through the case. This is basic stuff, but it is really important, as well. It may help the reader understand all of this better by trying to put him or her self in a Judge’s position for a moment as he or she looks over the bench at any 2nd or 3rd time DUI offender: Is the person standing before me some bad actor who just doesn’t give a $hit about the law, and who has no respect for it, or, instead, is he or she some poor soul who has a drinking problem?