DUI Quick Start
Here is a summary overview of what I do in these cases from our first phone call through the end of your case:
My consultations are done over the phone. They are confidential. Someone looking to hire a DUI Attorney wants to begin gathering information right away, and I make that as convenient as possible.
A Drunk Driving case begins with a call to my office, either by the person arrested of someone calling for them. I will first want to know where the arrest happened. I restrict my Practice to DUI cases in Macomb, Oakland and Wayne Counties. I know the Judges, the Prosecutors, the Probation Departments and other personnel in those courts because I routinely and regularly practice in them. Because of my experience handling these types of cases in those courts, with just a little bit of information, I can tell a person, pretty accurately, what they are really facing and what can be done about it.
I will have questions for a caller. Is it your 1st, High BAC, 2nd, or 3rd Offense (Felony) charge? What happened? How did you get pulled over? When and where did it happen? I'll want to know all about what was going on before, during and after your arrest or ticket. Did you take a breath test? What were the results? From there, after we exchange whatever other question and answers we may have, I can draw a pretty good idea about your case, and what can and should be done. I'll tell you what I think.
At that point, you may be in the middle of checking things out. I'll invite you to call back with any other questions you have, or to make an appointment later, if you wish.
When you come in for your appointment, we'll spend all the time necessary to properly go over your case. I'll make sure that when you leave, you have a complete understanding of how things work, what you're realistically facing, and what I can do for you. Typically, the first appointment in any DUI case lasts from between and hour and a half to two hours.
As we review your Drunk Driving case, we'll talk about getting your charge dismissed, or reduced to a lesser offense, and how that can save you losing the privilege to drive, points on your record, money for Fines and Costs and the other consequences of Drunk Driving laws.
The most important aspect of a DUI is the Legal requirement that a person who pleads guilty to or is convicted of any Alcohol-Related Traffic offense must undergo a mandatory Alcohol Evaluation. This means that prior to being Sentenced, a person must go the Court’s Probation Department and take a written test about their drinking habits. Each and every answer has a "point value," because the test is scored. The higher the score, the more likely a person is to have, or to develop, a drinking problem. The lower the score, the less likely that is.
The end result of all this is a Legally required Sentencing Recommendation, written by the Probation Officer, and sent to the Judge. This Recommendation advises the Judge as to what to Order as a Sentence in each case.
I believe it is the lawyer's biggest job to prepare the client for this test. That means I'll spend an hour or more just preparing you to take and do as well as possible on that test. Good test results mean good outcomes. Poor results can get you stuck in rehab, or a series of alcohol education classes that you have to pay for and attend.
Make no mistake, how well you do at this point determines, in a very big way, how good or bad the outcome of your case will be.
Anyone who had a prior Drunk Driving already knows this and will completely agree when I say that whatever happens to you at sentencing, good or bad, is a direct result of this process. Without exception, this report is the blueprint for what the Judge is going to Order. It cannot be overstated how important this part of the process is, and how even more important it is that you are carefully and skillfully guided through it!
In most Drunk Driving Cases (and most Misdemeanor Cases, as well), I can spare you from having to go to Court for what is called an Arraignment, if you weren't already Arraigned while in custody. My office will file papers with the court which "waive" the Arraignment, meaning that you don't have to show up and have the Judge read the charge or charges against you, and hear all the other legal stuff. By waiving your Arraignment, a plea of "not guilty" will automatically be entered on your behalf, and you'll wait to go to court with me for the first real hearing, called a Pre-Trial.
At the Pre-Trial Conference, I meet with the Prosecutor. First, I look for a way to get the case dismissed (that can happen, from time to time). Police Officers, while highly trained, are people, just like you and I, and do, from time to time, make mistakes. When Police mistakes affect any of the evidence against you, that evidence is subject to being suppressed, or thrown out of Court. This quite obviously affects the Prosecutor’s case, because the Prosecution depends entirely on the Police evidence to charge and convict you.
Every case is unique, and while it would be impossible to list all of the reasons why evidence can be suppressed and a case dismissed, some of the more common reasons include an illegal stop of your vehicle, improper administration of the field sobriety tests, a failure to properly advise you of your implied consent breath and blood test rights, or technical problems in the administration of those tests.
If a blood sample is taken, a whole group of additional requirements come into play which govern who can take the blood, how they take it, and how it is handled from the very beginning right through the actual testing conducted by the State Police Crime Lab.
In cases where a breath test was not taken, and no blood test was taken either, the Prosecutor comes into the case with a decided disadvantage and problem right from the start. All of these things need to be considered and reviewed before your lawyer can engage in any productive discussions with the Prosecutor.
If it appears that the evidence against you is good enough to withstand any challenges, then I will out a deal with the Prosecutor on your case. In most cases that means I get the charge reduced to a lesser offense. In some cases, it might mean we arrive at a deal for “no jail,” but whatever the final agreement, it always means that unless there is way to get the case dismissed, you get some real relief and break from what you otherwise would have been facing.
It means, simply, that you get a much better result having hired me than you would have if you didn't.
My Fee schedule is for Drunk Driving cases is listed below:
- First Offense Drunk Driving: $1800.
- Second Offense Drunk Driving: $2400.
- Third Offense (Felony) Drunk Driving: $4000.