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Driver’s License Restoration and Clearance cases are well-suited to start over the phone, and the “down time” many people have now is a good opportunity to begin this process.

Our consultations have ALWAYS been free, confidential, and done over the phone, right when you call. We are very friendly people who will be glad to explain things and answer your questions, Monday through Friday, from 8:30 a.m. until 5:00 p.m. (EST).

As Michigan DUI lawyers, my team and I spend a lot of our time acquiring, analyzing, and dealing with evidence in drunk driving cases. A DUI charge is only as strong as the evidence that supports it, and is really the foundation upon which the whole case is based. If a lawyer can block the admission of any key part of the evidence in an OWI case, that can cause the whole thing to fall apart. In this brief article, I want to reiterate the importance of the evidence, its proper analysis, and how that can be used to make things better for anyone facing a drunk driving charge.

aquarius83men-2-300x261In the real world, the best possible outcome in a DUI case is to knock it out before it goes anywhere in court. While very few DUI cases actually go to trial and win (the overall percent, based on arrests for regular DUI charges, meaning OWI and OWVI, is well below 0.2% (that’s zero-point-two percent)), plenty of them do get dismissed because they do NOT survive a challenge to the evidence. This can only happen, however, if the lawyer first obtains, and then carefully analyzes the evidence, and ultimately finds something useful.

However much as one may hope there is something wrong with the evidence against him or her, the simple fact is that there either is – or there isn’t. In other words, the facts are the facts, and all the hoping and wanting in the world won’t change them. Nevertheless, it’s important that a lawyer has the ability and experience to look beyond the surface of a case, and find what others might miss. Most of the time, a successful challenge to the evidence in a DUI case is NOT based upon clumsy and obvious police mistakes, primarily because the police don’t usually screw things up like that in the first place.

As the Michigan driver’s license restoration lawyer who puts out the most information about license appeals, I try to examine every aspect of the process within the more than 500 articles on this subject I have published to date. There is, however, one theme I must return to regularly, and it will be the point of this article – the fact that you must have given up drinking in order to be able to win a Michigan driver’s license restoration or clearance case. Being sober is the absolute key to filing a license appeal that has any chance of success.

FirstThingsFirstIn my numerous articles, I try to come at this subject from a slightly different angle each time. This time, I want my take to be “brief,” as in “short.” The bottom line in a Michigan driver’s license restoration and clearance appeals is that they are all about proving you have quit drinking for good. Of course, license appeals are complicated, but unless a person can prove that he or she has been alcohol-free for a sufficient period of time, and also has the commitment to remain alcohol-free for good, NOTHING ELSE MATTERS.

Indeed, the whole reason I have to bring this topic back to center-stage so often is that most people overlook this simple fact, and focus, instead, on how much they need a license, or how long they’ve gone without one. As one of the Michigan Secretary of State hearing officers puts it, “everybody needs a license.” That, however, has absolutely nothing to do with being able to win it back. No matter what a person’s circumstances, the laser-sharp focus of the state is going to zero in on when he or she last consumed alcohol (we prefer a minimum of 18 months’ abstinence to file a case) and his or her intention to never drink again.

In many of my articles about driver’s license restoration and clearance appeals, I point out that anyone who now lives out of state and can’t get or renew a license there should come back here to do a proper clearance appeal. My office requires our clients to return to Michigan to meet with us, have their evaluation completed, and then attend the actual hearing. In exchange for that, we provide a guarantee to win every license appeal case we take. In this article, I want to focus on one of the key reasons we do it this way: control.

268x0wThe idea of “control” means that we direct, oversee, and do quality assurance over every part of the process, including the planning of the appeal, getting it ready, and then ultimately, filing it. Specifically, we meet with every client for several hours prior to him or her going to the required substance use evaluation (SUE). We arrange things so that the client will meet with us first, then go directly to the evaluator’s office from ours. This makes the whole trip back to Michigan a “one and done” deal, and it allows us to guarantee a successful result, and far outweighs any inconvenience of having to come back.

Our guarantee to win stands in stark contrast to the reality of administrative, or “do-it-yourself” appeals: each year, 3 out of every 4 them, what we call an “appeal by mail,” are denied. However, rather than waste time and effort trying to talk someone out of going this route, it’s far easier for me and my team to simply say that, if you’re inclined to try an administrative appeal, then go for it. If it works out, good for you, but if it doesn’t, then call us after. As it turns out, many of our clients have done just that, and when they do contact us, they’re ready to get down to the business of actually winning.

Everybody knows that a 2nd offense DUI is a big deal, but, as I always try to make clear, it does not necessarily mean that someone is going to jail. Because people are understandably freaked out when they face an OWI 2nd offense charge, they quickly start looking online for information. Unfortunately, often enough, because basic human nature takes over, people get distracted and sucked into looking more for what they want to hear, rather than the straight truth, meaning what they need to hear.

mug15oz-whi-z1-t-oof-i-did-it-again-2-300x244This is probably most consequential in the context of a 2nd offense DUI case more than any other. Despite the competing marketing pitches of different lawyers, the real truth is that a 2nd offense straddles the polar extremes between a 1st offense and a 3rd offense. In the real world, a 1st offense can, with proper handling very often be treated as more of a “mistake” rather than anything else, while a 3rd offense, by contrast, is always perceived and should be treated as a very serious matter.

This does not simply mean that on the continuum of severity, a 2nd offense DUI is exactly at the halfway point between a 1st and 3rd offense. There are a lot of factors to be considered in evaluating how bad, or not, things are in any DUI case – things like location and the temperament of the Judge, for example. Across the various courts, different Judges have different perceptions about a 2nd offense DUI. Thus, a 2nd offense DUI can be anywhere from “not that bad” in one court to a real mess in another.

The Michigan Secretary of State (SOS) specifically provides a notice of proper ignition interlock use within every winning order it issues granting a driver’s license restoration case. These directions detail what a person should and should not do to avoid any interlock problems in the first place, as well as the steps to follow if (in the real world, this is more like “when”) some difficulty arises. Unfortunately, problems do occur rather often, and many people make things worse by calling and relying on their interlock company for guidance.

WAR-32_Read_Directions_large-300x214Of course, it seems natural to reach out to the interlock company if there’s any kind of issue, or something goes wrong while using the device. While this is an understandable reaction, it’s also exactly what one shouldn’t do, and the point I want to make in this article is that no matter what the situation, the Secretary of State’s instructions reign supreme, and that not following them, no matter who says differently or otherwise, only complicates things.

As Michigan driver’s license restoration lawyers, my team and I regularly handle interlock violations, including the kinds of problems most other lawyers will never see in an entire career. We’re certainly as close to having “seen it all” as possible, and that means we frequently see the same mistakes being made over and over again. Although we consider it part and parcel of our services to help our clients after we’ve won their license appeals, this kind of assistance isn’t offered by every other lawyer, and as I noted above, no matter who the lawyer may be it’s a nearly instinctive reaction to call the interlock company first, as soon as something goes amiss.

In part 1 of this article, we began looking at how, at a certain point, some people get a nagging little feeling and have thoughts that something might be wrong with their drinking. Often, this happens after something like a DUI, or, worse yet, after multiple DUI’s have caused someone to have his or her driver’s license revoked and they grow tired of having to bum rides or risk driving without a valid license. Some people dismiss these though outright, rationalizing away any connection between their drinking and the problems they have experienced as a result.

download-6The best thing that can happen to a person experiencing problems with alcohol is getting to the point where he or she does see a connection between their drinking and many (or all) of the problems in their life, and then decide to do something about it. As I pointed out in the first part of this article, most people start off by trying to cut down or otherwise manage their drinking. Although this strategy never works, it is the failure of those attempts that provides exactly the lesson some people need to help them move to the next step – the decision to give up alcohol altogether.

In the real world, the decision to quit drinking never comes too soon. It usually follows a lot of time wasted unsuccessfully trying to control one’s drinking. Of course, just as some people are stuck in denial and just don’t believe that their drinking has grown troublesome, others get stuck in endless attempts to manage and limit it. It really is the luckiest of all who are able to reach the conclusion that the only way to “control” one’s drinking is to simply quit.

We are socialized to think of having drinks as something celebratory, and social. To younger people, the idea of “partying” and having a good time is often synonymous with drinking. For most people (but certainly not everyone, because some people have problems right out of the gate), their youthful drinking experiences are usually associated with things that are and/or were fun. For some, however, as youth fades, the drinking continues, but the good times don’t necessarily follow, sometimes ending up in things like DUI’s, and even loss of one’s driver’s license.

Bulbbbbb-300x253The idea that there might be something “off” with a person’s relationship to alcohol usually starts with an initial thought that his or her drinking needs to be reigned in a bit. By the time somebody starts thinking that way, or otherwise considering the possibility that his or her drinking has grown troublesome, it almost certainly has. This kind of thinking follows a process, because nobody goes from believing everything is fine one day to suddenly concluding that they have a major drinking problem the next.

In the real world, this usually starts off when a person begins to get a kind of nagging feeling that maybe he or she ought to slow down a bit, and/or not drink as much, or as often. This almost always comes about as a result of some kind of problem or problems. Whatever else, nobody thinks about trying to control their drinking because it’s working out so well. Instead, these thoughts come to mind after a person has been experiencing trouble of some sort.

It’s normal to be stressed out after being arrested for a DUI. This is all the more true for people of good standing who never imagined themselves in the backseat of a police car, much less spending a night in jail. Unfortunately, the stress of facing a DUI often gives rise to a desperate urge to “fix this” right away. In this article, I want to make clear that while such feelings are normal, the reality is that things aren’t as bad as they may seem to you right now, and that the first and best thing you should do is to take a deep breath, calm down, and not act out of panic.

qwerty-300x283This is really the opposite message of the fear-based legal marketers you have probably already encountered. For all the things that can be said about that approach (and make no mistake, lawyers use it because it does work to bring in clients), the fact is, reacting fearfully is not any kind of “intelligent” or proper way to handle a DUI case. Better outcomes are the result of experience and the application of careful and deliberate planning, rather than unfocused emotional reaction. Remember, success in a DUI case is always best measured by what does NOT happen to you.

Although facing a DUI may trigger something of a “fight or flight” response, the fact is, once you’re facing a charge, it’s too late to run away from it, and it is not the kind of thing you brawl your way out of, either. Any kind of legal fight needs to be based on sound strategy, not panicked thrashing. A skilled lawyer will meticulously examine all the evidence in a case to look for anything that can genuinely be challenged, rather than just bark about all the things that could, in theory, be wrong with it. The facts of each case need to be assessed rationally, not emotionally.

In part 1 and part 2 of this article, we started an overview of how the real-world consequences of 2nd and 3rd offense DUI cases are very different from those involved in 1st offense cases. We looked at driver’s license consequences, professional licensing reporting requirements, and ended part 2 by pointing out how Sobriety Court programs can be a lifesaver for anyone who accepts that his or her relationship to alcohol has become problematic and wants to do something about it.

IMG_0690-1-300x235Although I don’t want to focus too much on Sobriety Court, there is another facet to this worth mentioning before we move on – kind of the flip side of the coin, so to speak. While it is required that a person admits to needing some kind of help with his or her drinking in order to get into sobriety court, there are plenty of people who aren’t interested in anything like that or who otherwise maintain that they don’t have any problem and are merely seen by the system as being in denial.

If the point hasn’t been made clearly enough so far, then it’s worth repeating here: any and everyone facing a 2nd or 3rd offense DUI is assumed and presumed to have a drinking problem. This is the single most salient aspect of a repeat offense DUI, and it will follow the person through the entire court system, through the revocation of his or her driver’s license, and will be the focus of any effort to get it back later on. Beyond that, this presumption can have profound professional and occupation consequences as well.

In part 1 of this article, we began an overview of how fundamentally different 2nd and 3rd offense DUI cases are from 1st offenses. We noted that while the risk of jail goes up significantly in 2nd and 3rd offense DUI cases, even that’s not a sure thing, and can often be avoided completely. Moreover, even if someone does get a short stint in jail, it’s usually measured in days, while some of the other consequences of a repeat offense DUI can last for years, and even a lifetime, and should really be the main focus of anyone facing them.

bull-with-sign-its-different-2-300x247This led us to explore the things that either will, or are very likely to happen to someone convicted of a 2nd or 3rd offense charge, including driver’s licenses sanctions, as well as the potential consequences to anyone who holds a professional license, or for whom a repeat offense DUI will have an adverse impact on his or her employment. I pointed out that, by operation of law, anyone convicted of a repeat offense DUI in Michigan is labeled a “habitual alcohol offender,” and is presumed to have an alcohol problem.

In the context of a professional license, a person will have to rebut the presumption that he or she has a drinking problem, either by showing that they have gotten help, and are in recovery, or that they never had a problem in the first place, even though that’s unlikely, because of the operation of law. When it comes to winning back one’s driver’s license, there is a legal presumption that any person convicted of multiple DUI’s has a drinking problem, and anyone who thinks they can prove otherwise is wasting their time.

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