When a DUI just “Happens”
If you’re facing a Detroit DUI, it seems that everywhere you look, you’re reminded about what a serious thing it is, and how you need to hire the first lawyer that gets your attention.
Over the last number of years, a DUI charge has become a really big deal. This is understandable, as the news headlines regularly carry stories about tragic deaths caused by drunk drivers.
DUI laws and court policies reflect the public need to be protected from the dangers of letting risky drinkers get behind the wheel.
Ads on radio and TV remind everyone that getting caught driving drunk is very serious, and expensive, as well.
Make no mistake, DUI cases are expensive. They're big business. They keep police, judges and lawyers busy. They fill the waiting rooms of probation departments, and are the reason why so many “testing” facilities exist.
DUI cases have given rise to the whole new arm of the testing and monitoring industry, and they also keep the appointment books of substance abuse counselors filled.
I get all that, but I am not a risky drinker!
Unfortunately the whole “anti-drunk driving” movement tends to steamroll over the kinds of people most likely to face a1st offense DUI - the normal, law-abiding, tax-paying citizen that simply makes a mistake in judgment and tries to drive home after having had a few too many.
In some places, even describing a DUI this way is considered heresy, but the indisputable fact is that most people who get a single DUI will never be back for another.
In the real world a DUI can just happen, and, as it turns out, it does sometimes happen to good and honest people.
Our jobs, as Michigan DUI lawyers, is to make sure that such a person doesn’t go though the DUI process being perceived or treated like some kind of hardcore criminal or risky problem drinker.
If you’re currently on bond, waiting for your case to come up, and are required to submit to any kind of alcohol testing, then you’ve already had your first real taste of that.The DUI Stigma
I could write a series of books about how and why things have evolved to what they are in the DUI world, but none of that matters to anyone facing a Michigan OWI charge right now.
Instead, as the saying goes, “it is what it is.”
Your DUI attorney needs to carefully navigate you through the minefield of court procedures and DUI misconceptions.
Specifically, that means we need to make sure that you’re not seen as some person with a drinking problem, especially because the court system is, to a certain extent, predisposed toward that very conclusion.
We need to make sure that you're not crammed into endless counseling, treatment and testing designed to force a lifestyle change you don’t need.
Unfortunately, the courts don't have the time and resources to get to know every DUI defendant as a person. Instead, they tend to default to a few "one-size-fits-all" approaches to various DUI situations.
This means we also have to ensure that the court hears about your individual circumstances and understands that this DUI is a single, once-in-a-lifetime mistake for you.
This is true even though, under Michigan law, before a person can be sentenced for a DUI, he or she must undergo a mandatory alcohol assessment administered (and “scored”) by a probation officer.
The probation officer must also interview the person, and then, based upon the person's test score and the other information gathered, make a sentencing recommendation that is sent to the Judge. This recommendation advises the Judge what to do to the person
In theory, a person’s “score” on the alcohol assessment test should be the main driver of this recommendation. Theory, however, gives way to several real world problems:
The “tests” used by the court system to evaluate whether a person has a drinking problem (or not) are woefully inadequate to make such a determination in the first place. Properly evaluating a person for a potential alcohol problem requires specialized training and credentials, and is best done by a professional substance abuse counselor.
For a substance abuse counselor, determining if a person has a drinking problem or not involves much more than just a score on a written test. In addition, most good counselors will use specially designed tests that require specific training before they can be administered and interpreted.
By contrast, the tests used by a probation officer are of the “do-it-yourself,” or “over-the-counter” variety, and are far less reliable than the instruments used by real clinicians as part of a more comprehensive evaluation process.
Under no circumstance can a person be "properly" assessed for the presence of an alcohol problem by merely checking boxes on a page full of questions.
Even though they are responsible for making the counseling and treatment recommendations, probation officers DO NOT counsel or treat anyone for anything. They are not “counselors” or "therapists." Instead, they supervise people convicted of crimes and get people in trouble if they violate any of the court's orders.
A probation officer’s whole perspective on drinking is highly skewed because everyone he or she has contact with has already been convicted of a DUI. This means that a probation officer will not have any further contact with any person whose 1st DUI turns out to be their only DUI.
On the flip side, every 2nd time DUI offender is someone whose 1st offense was clearly not his or her last. Probation officers see a lot of 2nd offenders. As a result, probation officers cannot help but see every DUI driver as “risky."
Even though a person may have done well on the alcohol assessment, it is very common for probation officers to still recommend more education or counseling than is needed, often citing the “seriousness of the instant offense” or some such reason.
This is where we have to stand up and cite the exact clinical diagnostic criteria for an alcohol use disorder, and demonstrate that our client does not meet those standards.
It may be okay to send someone for a few classes, but nobody should ever be required to undergo counseling or treatment ford for a problem they don’t have.How we can Make Them see the Difference
We can do that because I’m not just some average Michigan DUI lawyer who is “into” this stuff; I have completed a formal, university post-graduate level program of addiction studies.
I speak the language of substance abuse counselors and addiction professionals. I understand addiction and alcoholism from the clinical side of things, including - and especially - the most current protocols for the diagnosis and treatment of such problems.
As a DUI lawyer, I am uniquely qualified in this field, meaning that I am specially equipped to protect you from being ensnared in an overly prophylactic approach.
For our clients, being charged with a DUI is a big deal, and they take it seriously. Most of them have never been in the back of a police car before, and going to jail was the worst night of their lives.
It is also true that most of our DUI clients do NOT have an underlying drinking problem to be found through any kind of assessment.
They simply made a mistake, and don’t even have to think about not making it again; they won't.
For our typical DUI client, the whole experience of having to go through this is so regrettable that the bad memories are more than enough to prevent a repeat performance.
Our job is to protect our clients from getting swept downstream in the rush to judgment that their DUI is anything more than a simple, single mistake.
While “an ounce of prevention may be worth a pound of cure,” unnecessary counseling and/or treatment is more than just "unnecessary," it is also expensive and time consuming, as well.
We have to avoid that.
Sometimes, a DUI just "happens.” We have to make sure that is not perceived or treated as anything more than a one-shot deal.
My team and I am the Detroit-area DUI attorneys who will protect you from getting lost in the confusion, and ensure you are treated fairly - but not treated for a problem you don't have...