1st (First) Offense DUI - Evidence and Results
Of course, the single best way to produce the best outcome in any DUI case is to simply beat it outright. As your DUI lawyer, the first thing I do is to critically examine every bit of the evidence, starting from the reason for your contact with the police (including things like the details of a cell-phone tip). I’ll look into the field sobriety tests that were administered, how you did on them (best determined by watching any police video), the taking of your breath (or blood) samples, and how the analysis of those samples was conducted (including how the machines that analyze them are calibrated and maintained). I need to know if the people who did all these things followed the right protocol. A skilled Michigan DUI lawyer must not only know the law, but also have expertise in the science of alcohol testing - both in the field (i.e., the side of the road) and in the laboratory.
The simple truth, however, is that most DUI cases are not irreparably screwed up by the police. In the real world, where DUI cases do not get thrown out of court like tennis balls bouncing out of bounds, the key in every case is to make things better, get past it, and move on. I am almost always able to negotiate a reduction of the charge from OWI (or High BAC) down to something less serious, like Impaired Driving (OWVI). This means you won’t lose the ability to drive at all, and will save lots of money, points on your driving record, and grief all the way around. This is why you hire a lawyer in the first place.
Knowing how to best proceed is determined by what is learned from the evidence. Whatever is or isn’t there, DUI cases do not dismiss themselves. Finding any defect in that evidence comes from carefully examining it. Sometimes, the evidence that a person was driving "over the limit" isn’t strong enough to survive a proper legal challenge, and if that happens in your case, I will discover it. If not, then I will negotiate with the prosecutor for the best, less serious charge possible. By securing a good plea bargain, I can protect you and your interests and get you through this.Results
In many of my blog articles, I have examined the real life considerations involved in a first offense DUI. There are plenty. While going to jail isn’t really on the menu, the fear of getting locked up is often the biggest concern anyone facing a Michigan DUI charge, at least until they understand that it’s not going to happen. Once a person understands this, then we can focus on all the other, for-real consequences that you can and will occur as a result of a DUI. As your lawyer, I will avoid and/or minimize as many of them as possible.
These can include things like having your driver’s license suspended and being put on monthly reporting probation. In the real world, perhaps the biggest and most avoidable risk in a 1st offense DUI case is having to complete all kinds of unnecessary alcohol classes and counseling. Early on, anyone who fears going to jail will always say something like, "I'll gladly go for all the treatment in the world instead of jail." You’ve probably thought, if not said, the same thing yourself. However, once you figure out that you were never going to jail in the first place, then having to go to AA all the time, or to the counseling center 3 nights a week will wear on you real fast. I can help you avoid that. Beyond just being a DUI lawyer, I fully understand the clinical side of this, as well, having completed a post-graduate program of addiction studies. I know all about the development, diagnosis and treatment of alcohol problems, and this is critically important to making things better in your case.
By law, before the Judge can sentence you for a DUI, you must be “screened” for the presence of an existing or potential drinking problem. My understanding of the diagnostic process means I can absolutely protect and help you avoid the very real “alcohol bias” inherent in the American court system when it comes to drunk driving offenders. I can prepare you for that screening better than anyone else, and not just from the legal side of things, but the more important (at least as far as the screening goes) clinical side, as well. Talking about jail, and avoiding jail, is a waste of time. Talking about how not to get stuck in classes or counseling you don’t need will pay off by keeping you out of those things. This is how you avoid the kinds consequences that you really face, and produce results that really matter.