Articles Posted in DUI

As Michigan DUI lawyers, my team and I deal with every aspect of DUI cases. Often enough, to do something like get a charge dismissed, this takes us deep into the finest points of the law. Lawyers are notoriously obsessed with details because cases stand or fall based upon them. Sometimes, though, it’s important to take a step back and look at the big picture. In DUI cases, we can break this “big picture” down into 3 distinct areas: The investigative phase, the court phase, and the “after” phase. In this article, we’ll look at each of them in turn.

The investigative phase comprises the stop (and/or initial police contact), as well as the interactions that lead to the arrest, including the field sobriety tests. It also encompasses the arrest itself, any and all chemical test(s) that follow, the booking and, ultimately, the person’s release from jail. The court phase covers everything from a person’s first notice to appear all the way through the sentencing and probation. The “after” phase is about life after the case is over, meaning the consequence of a DUI conviction, or the relief of having avoided it altogether.

DUI cases begin at the investigative phase. Most initial police contact begins with a traffic stop, or something like a response to the scene of an accident. Exactly how that leads to a person being arrested is very important. Every step taken here must be carefully examined by the lawyer. Almost every DUI case that get dismissed is tossed out of court because of some problem that occurred in the investigative phase. This includes things the failure to follow proper police procedure, lack of probable cause, or problems with the breath or blood evidence.

In a recent conversation I had with someone about our law firm, I pointed out that we are more than just a collection of Michigan DUI lawyers. I explained that we’re really a “DUI team.” Beyond the 3 lawyers in our office, both of our legal assistants are heavily involved in the handling of all our cases. In fact, we call on of them our “sobriety court guru” because she manages all the logistics to get some of our 2nd and 3rd offense DUI clients into these programs. This requires all of us to work together. It also requires each of us to have specific knowledge about how all the local courts handle DUI cases.

Sometimes, we have to transfer a 2nd or even 3rd offense DUI case from one court that doesn’t have a sobriety court program to another court that does. We’ve even transferred cases across county lines. The work required for this can be complicated. Thus, experience with how different courts do things is critically important. Being a DUI “team,” though, involves a lot more than just dealing with sobriety court issues, which are only a small component of the whole DUI universe. Indeed, that term, “DUI universe,” is both accurate and instructive here. DUI cases really can be a whole world unto themselves.

This is in no small part due to the fact that every court is unique. Each has its own way of doing things. As a group, everyone in our office knows all of these idiosyncrasies. We are familiar with the different procedures required to obtain police reports and videos from the local cities. This degree of knowledge is the direct result of working together specifically on DUI cases everyday. Even though we often have different roles in that work, my team and I ultimately all pitch in and work as a team on our DUI cases.

Where a person is arrested for a DUI is one of the most important aspects of the case. This is particularly true in the Metropolitan-Detroit area (meaning Wayne, Oakland, Macomb and surrounding counties) where our firm handles criminal and DUI cases. A drunk driving arrest with the very same facts can play out much differently depending on location. Some courts (and Judges) are just plain tougher than others. In fact, there are sometimes significant differences between different Judges in the very same court.

When it comes to DUI cases, we can place every court into 1 of 3 general categories: tough, lenient, or what I call “middle of the road.” There are more that fall in the middle rather than in either the tough or lenient categories. Within that larger middle group, there is quite a bit of variation. To be clear, this article will not “rank” any of the local courts. After all, any such ranking would ultimately be nothing more than my opinion (even though it would be based on 30-plus years of extensive experience.) Whatever else, that’s the kind of subject best discussed confidentially.

Instead, this article stick to the larger point that, in DUI cases, “where” is a dominant factor. Perhaps the most significant (and disappointing) thing about this is the reality that there is nothing that can be done about it. A DUI case happens where it happens. Nobody plans to go out and get arrested for drunk driving. In a very real way, every DUI is an accident of geography. For as true as that is, however, the simple fact is that, at least for the person facing the charge, some places are better than others.

If you’re facing DUI charges, you need to fight them. More specifically, you need a lawyer who will fight like a bear for you. The last thing you need is some attorney who will simply roll over. In the sense that we’re using the term, “fighting” means standing up to the prosecutor, and doing what’s best to win. Even in the most basic street brawl, one party has to land a punch that connects. It does no good to simply flail one’s arms around and blindly swing at the air.

Properly fighting DUI charges requires a plan – an intelligent defense strategy. About the worst thing any lawyer can do is try and contest everything, including the arresting officer’s 7th grade report card. Not only doesn’t that work, it pisses off the Judge real fast. It also causes the lawyer to lose all credibility. Unfortunately, there are more than a few such characters out there. Initially, they may sound like they’re strong and determined, but soon enough, that illusion gives way to reality.

Then, it becomes apparent that their only “strategy” is to throw everything against the wall, and see what sticks. And get paid for it. That – right there – is what separates those lawyers with integrity from those without. To be sure, it’s one thing to “take a shot” at something. That’s okay if the cost of losing versus winning has been calculated. Sometimes, the payoff can be huge, and the downside of losing some challenge or other not so bad.