In part 6 of this article, we saw how the alcohol bias is consistently reinforced in the court system, and we looked at how the DUI process in Michigan courts has changed over time. As we move into part 7, we’ll look at the alcohol bias and how it affects the counseling and treatment orders made by the courts in DUI cases, and what the role of the DUI lawyer should be at this stage. Once you have a sense of how big and pervasive the alcohol bias really is, then you begin to realize the critical importance of taking whatever steps you can to set yourself apart from the everyone else going through the DUI process, so that you’re not automatically treated just like everyone else.
There are 2 kinds of people who get a DUI: those who do have a drinking problem, and those who don’t. The main problem with the alcohol bias is that it tends to “read” a problem, or potential problem, into everyone who walks into court following a drunk driving arrest. If you DO NOT have a drinking problem or are not otherwise at risk to develop any kind of troubled relationship to alcohol, then it is critically important that you successfully demonstrate that fact. In our roles as Michigan DUI lawyers, making sure our clients succeed at doing this is a key part of our jobs.
There is one big catch to this, however; it has to be true. In other words, the only way to even have a shot at overcoming the alcohol bias is to be able to prove, in a clinically sound way, that even though you come into court as a member of a high-risk group, you are actually NOT a high-risk person. This requires a lot more than just jumping up and down and insisting that you don’t have a drinking problem. On a scale of 1 to 10, the effectiveness of telling everyone your relationship to alcohol isn’t problematic, that technique rates a solid zero.