Articles Posted in DUI

As Michigan DUI lawyers, we spend a lot of time explaining legal procedure to our clients. All too often, a discussion about how a DUI works its way through the court system can get really deep, really fast. In truth, it is difficult to even briefly summarize any one facet of the legal process without “getting lost in the weeds,” so to speak. In this article, I simply want to simplify all of that and essentially “list” the steps in a typical DUI case – in proper order – so the reader can at least have an overview, or “roadmap,” of how the various stages follow each other and what to expect.

First contact: Every Michigan DUI case begins with some kind of police contact. While we tend to mostly think of someone being pulled over by the police, plenty of DUI cases arise when they show up at the scene of an accident, when a vehicle has gone off the road (this happens a lot in icy conditions), or even when people fall asleep in the drive-thru line of a fast food restaurant, which is something that’s far more common than one might think. However it happens, the simple fact is that a DUI case does not begin until the police interact with someone who is suspected of driving while over the limit.

Typically, these first interactions involve some conversation, any number of questions, and most often, some kind of field sobriety tests, as well. Although our primary purpose in this piece is to summarize the steps, it is worth noting that the alleged reasons for a person’s first contact with the police and the investigation that follows are often 2 of the most fruitful areas for Michigan DUI lawyers, like us, to challenge and exclude evidence. This is why my team and I almost always immediately requisition and review any available video, including dash-cam video from the police vehicle and any body-cam video, as well.

In our work as Michigan DUI lawyers, one of the most common things we’re asked about is how a DUI can or will affect a person’s job, or professional license status. Of course, everyone’s first concern following a drunk driving arrest is staying out of jail, closely followed by not losing the ability to drive, but in the real world, employment considerations absolutely round out the “Big 3” of DUI worries. While there is no single, simple answer to how a DUI can or will affect someone’s livelihood, the good news is that, by and large – it won’t.

There are, of course, exceptions. Not to be funny about it, but if there weren’t, I could have ended this article with nothing more than the paragraph above. We’ll start with the broadest generalizations first, and work down from there: With few exceptions, a DUI will not cause someone to lose his or her job. In terms of professional licensing, I have never had, nor have I ever even heard of anyone losing their occupational license for a single DUI. That said, anyone who picks up a DUI and who already has or is planning to obtain a professional license in certain fields may have to undergo more scrutiny about what happened than someone in other occupations.

Most jobs in the United States fall within what is called “at will” employment status, meaning that a person can be fired, at any time, for any reason, as long as that reason isn’t any kind of unlawful discrimination. There is a lot to the whole concept of unlawful discrimination, all of which goes beyond the scope of this piece, so we’ll have to leave it at that, and simply understand that a person can’t be fired for reasons like age, race, sex, religious affiliation, et cetera. The larger point is that, absent any such illegal reason, a boss can simply decide to fire a person because he or she doesn’t like them, wants to cut down on payroll, or just feels like it. Nothing else is needed.

In our capacity as Michigan DUI lawyers, we know that none of our DUI clients is any kind “criminal,” but we also know that each has been charged with what is, after all, a criminal offense. This distinction is more than academic, or some play on words, because the reality is that a DUI case often drags an otherwise law-abiding person squarely into the midst of the criminal court process. The bewilderment and frustration many people feel about this is often expressed in statements like, “I feel like I’m some kind of criminal.”

In the real world, people from all walks of life wind up facing DUI charges. Our firm is a premium DUI practice, so none of our clients resemble anything like someone would picture when thinking of the word “criminal.” That said, it’s also true that plenty of real criminals do get in trouble for drunk driving, just like everyone else. In that sense, DUI charges are like speeding tickets, in that no person, or class or group of people are exempt from them, with the sole exception of people who simply don’t drive.

For what it’s worth, a “real” criminal would consider a DUI charge more of an inconvenience rather than anything else, whereas that otherwise law-abiding person may very well freak out over it. For us, as Michigan DUI attorneys, this, in and of itself, can be reassuring. We don’t work with hardened criminals, nor do we want to. Decades ago, I chose to NOT handle things like rape and murder charges, and, to be honest about it, I simply don’t have any inclination to work with people accused of those or any other such serious crimes.

As Michigan DUI lawyers, we answer a lot of questions about what a person can expect as he or she goes through the court process following a drunk driving arrest. There are various things that can be avoided completely, some that fall into the “maybe” category, and others that are all but certain. In this article, I want to talk about the certain requirement that anyone on bond, awaiting the resolution of his or her DUI case, or on probation, after it has been wrapped up, will be absolutely prohibited from consuming alcohol by the court.

It might help to begin our discussion with the humbling and universally applicable reminder that, “Yes, you are special and unique – just like everyone else.” This really has particular application in the DUI world, because an important part of the role my team and I have to fulfill is very much like being a diplomat, shuttling between our client, where we are mindful of his or her individual circumstances, and the court system, which winds up, at least to some extent, treating everyone the same. Our job is to make sure the court doesn’t lose sight of our client’s individuality, and to make sure the client understands that, at certain points, you’re going to be treated like everyone else, regardless of your particular situation.

Although most people understand and accept the “no drinking” order issued by every court – in every DUI case – even if just because they have to, there are some who have a very hard time with it. Over the course of 30-plus years, I’ve heard every explanation imaginable for why such a restriction should NOT be placed upon a person, either as a condition of bond, or a term of probation. These have ranged from the “need” to share a few cocktails at business dinners and meetings to arguments like, “They’re treating me like I’m an alcoholic,” “Drinking is legal,” “What about my rights?”, and “This isn’t fair!”

As Michigan DUI lawyers, we analyze evidence from drunk driving arrests every single day. One of the bigger misunderstandings people have about DUI cases is that all a lawyer has to do is file challenges to all the evidence in order to “ muddy up the waters” enough to get the prosecutor to surrender. That’s completely wrong. The inspiration for this article came from my senior assistant, who, after a long day on the phones, rather astutely pointed out that “you can challenge everything, but it only makes a difference if you win. We deal in facts, not fantasy.” There’s a lot of wisdom in that observation.

The reality is that a lawyer can pretty much challenge almost every bit of evidence, but unless he or she is successful, all that work amounts to nothing more than a waste of time – and the client’s money. To be sure, that can be profitable for the attorney, but beyond jacking up the fees, such fruitless challenges cause the other key parties (namely, the Judge and the prosecutor) to lose patience with a lawyer who either knows, or at least should know better, and also puts the client on a kind of emotional roller-coaster, by getting his or her hopes up, only to ultimately disappoint him or her later on. That’s just plain deceitful.

Of course, challenging faulty or even questionable evidence is not only important, it’s an obligation for a competent Michigan DUI lawyer. My team and I always go to court and fight to exclude any evidence that may reasonably be kept out of the case. Likewise, we know how work with – and work around – the evidence that does exist (and can’t or won’t be tossed out) in order to help produce the very best outcome possible in the case; that’s what being a lawyer is all about. When some lawyer challenges any and everything, however, and just fights for the sake of fighting, or to run up a legal bill, that only serves to piss everyone off.