Michigan Criminal Defense Lawyer Blog
In part 1 of this article about the 3 main ways a 1st offense DUI case in the Metro-Detroit area will impact your life, we saw how there will always be some kind of driving restrictions following a conviction, while in part 2, we noted that some kind of probation is almost certain to follow, as well. Here, in this 3rd installment, we’ll turn to final main a 1st offense OWI will affect you: it’s going to cost a lot of money.
It’s probably best to tackle this by first observing that, for everything I could or will say about a DUI and money, “it is what it is,” and that means expensive. Anyone trying to save money on a DUI is pretty much wasting his or her time. About the only expense a person can reduce is how much they spend on a lawyer, but that generally provides diminishing returns. In other words, whether you can afford it or not, this is going to be costly.
About a decade ago, there was a state-sponsored ad campaign in Michigan warning that a DUI would cost about $10,000. Adjusted for inflation, that still pretty much holds true today, as well. To be sure, there are places, even locally, where the fines and court costs for a DUI will be less, and other places where they will be significantly more, but however you cut it, a 1st offense DUI is not cheap.
Here, in this second part, we’ll look at the 2nd main way a DUI will affect your life: probation. Before we get to that, however, let me be repeat something: everybody wants to have their case dismissed or tossed out of court, and every lawyer should do everything possible to make that happen. However, the simple truth is that most cases DO NOT just “go away” because the police do not routinely make the kind of catastrophic mistakes that cause Judges to routinely dismiss them.
Let me begin by making clear that this is not any kind of scare-tactic piece. The reality is that jail can be avoided in almost every 1st offense DUI case here in the Greater-Detroit area of Wayne, Oakland, Macomb and surrounding counties. Moreover, no matter how things may look right now, they aren’t nearly as bad as you probably fear. In truth, a 1st offense DUI can is far more of an expense and inconvenience rather than the end of your world, and this even applies to those who hold some kind of professional license.
The simple truth is that nobody needs a criminal or DUI lawyer because things are going particularly well. In addition, it can be a bit intimidating to call a lawyer. Personally, I HATE having to call people who are in any “hard sell” profession, like insurance or real-estate agents, or anyone who offers “free information” or a “no obligation” consultation that I know will result in a sales pitch. I fear that once any of these “sharks” get my phone number, they’ll hound me forever. Unfortunately some lawyers can be like that, too.
Although there are trade-offs, the convenience factor of using video really can’t be overstated. This ability for a person to “be” in any court from the comfort of one’s own home seems like a great thing, but there is one huge concern I have about it that is the basis for this article: I have always been a strong advocate for hiring a “local” lawyer for a criminal or DUI charge. Here, in the Metro-Detroit area of Wayne, Oakland, Macomb and the surrounding Counties, “local” essentially means the “Greater-Detroit area.”
The sentencing is a legal proceeding. It’s when a person’s sentence gets imposed. The “sentence” is a court order specifying the things a person must do, can do, and is forbidden from doing. For example, a person sentenced for a 1st offense DUI may be put on probation, required to complete some classes, be allowed to leave the state only for work purposes and/or a scheduled vacation, but also be forbidden from consuming alcohol during probation, and required to test to ensure compliance.
We really don’t know when things will fully get back to normal, or, for that matter, what that new “normal” will look like. We do know, however, that the way cases are handled is going to be different after this, both in the long and short-term. Even walking into court is going to give some people pause as soon as they approach a door handle and have to touch it, or, once inside, have to use a “public” pen to sign a document.
While the alcohol screening test is important, there is more to it than just completing a written questionnaire. In addition to being “screened,” everyone going through the DUI process will also be interviewed by a probation officer, who must also gather comprehensive background information about the person, as well as a clear picture of the DUI itself, and the events surrounding it. If you’re getting the idea that the probation officer is a key player in all this, then you’re following exactly as you should be.
For all the “big talk” about trials and “beating” charges, the number of DUI cases that really go to trial is rather low, and the number of those that actually win is RIDICULOUSLY small. Fortunately, we have the actually, official statistics to examine. Frankly, I find the lack of such disclosure on other “legal” websites disheartening, as I think anyone looking to hire a DUI lawyer should be informed about these things.