In part 4 of this article, we began looking at the mandatory alcohol assessment (screening) in Michigan DUI cases, how that’s part of the larger, PSI (pre-sentence investigation) process, and how all of that is influenced by the alcohol bias. As I pointed out, one of the questions on every alcohol screening instrument (test) asks if the person completing it has ever been arrested for an alcohol-related traffic offense. Thus, anyone taking such a test because of a DUI begins with a handicap. Moreover, the fact that a person is in a probation office for an interview following a DUI means that, on at least one occasion, drinking has had a substantial negative impact on his or her life. Here, in part 5, we’ll direct our focus to the written sentencing recommendation that is sent to the Judge by the probation officer after, and as a result of, the pre-sentence investigation and alcohol assessment.
This is really THE key to what happens to anyone going through a DUI, and you can take this much to the bank: Every Judge, in every court, follows the PSI sentencing recommendation very closely. Most will follow it to the very letter, but you won’t find ANY judge who will deviate significantly from what has been recommended by his or her probation officer. This means that the sentencing recommendation is really the blueprint for what is going to happen in a Michigan DUI case.
This means that it is imperative to be thoroughly prepared for the alcohol screening test and the PSI (especially the interview with the probation officer) beforehand, because the key to success is to get a better (meaning more lenient) sentencing recommendation in the first place. Remember, success in a DUI case is always best measured by what does NOT happen to you. In that context, less is always more. Part of being thoroughly prepared means coming to understand how the alcohol bias does, in fact, affect the PSI and screening process.