DUI and Staying out of Jail

Let's start with the reality that success in a DUI case is always best measured by what does NOT happen to you.

1st Offense = No Jail

It goes without saying that if you are facing a DUI, your first priority is staying out of jail. Many within the legal industry use what’s called “fear-based marketing” to scare you about jail, and make it seem like your chances of not getting locked up are better if you hire them. 

The plain and simple fact, however, is that you’re not going to jail for a 1st offense DUI case brought in almost any of the district courts in Wayne, Oakland or Macomb County, so you don’t need to be “saved” from it by anyone.

The "no jail" reality applies equally in High BAC cases, as well. With what essentially amounts to only 1 possible exception, you’re not at risk to be incarcerated in a 1st offense case, no matter what lawyer you do or don’t hire. 

While jail is everyone’s worst fear, the truth is that there are plenty of other consequences to be concerned about, things that - unlike jail, which isn’t on the menu anyway - are certain to occur in your case, including mandatory driver’s license restrictions and/or suspensions. 

There are plenty of other things that can or may happen, as well, like unnecessary counseling and treatment, endless testing, and long, difficult probation. These are the things your lawyer should be protecting you from, not some dreaded, but imaginary jail sentence.

So, to be clear, you are not going to jail in a 1st offense DUI. Of course, the law says you could go, but unless you ran over little Timmy or something like that, it’s just not going to happen. 

This means that you should invest your money into properly addressing and minimizing the consequences and penalties you really do face.

2nd Offense = Probably NOT Jail

The whole jail thing changes, however, and in a big way, if you’re facing a 2nd offense DUI. On the one hand, there are some Judges who will usually give a 2nd offender some jail time to think about things.

On the other hand, there are some Judges who generally do not impose any jail time, even in 2nd offense cases, and there are the rest - the majority - who are in the middle between always and never, and who seriously consider it in every case. 

These Judges may give one person 21 days for his or her 2nd DUI, lock up another person else for just 3 days, and while skipping incarceration altogether for someone else. 

Thus, in a 2nd offense DUI, jail is very much on the menu. Here, the lawyer you hire can make a huge difference in how things work out for you. 

Remember, though, there are other very serious consequences that need to be avoided or minimized beyond jail.

3rd Offense = Jail Can Still be Avoided

Although it would seem that jail is almost a certainty in a felony, 3rd offense DUI case, there are all kinds of exceptions and qualifications that really prohibit any kind of broad generalization, and that’s a good thing. 

In many Macomb and Wayne County cases, for example, the 3rd offense felony charge can be reduced to a 2nd offense misdemeanor, and that alone eliminates the mandatory 30-day jail sentence required by law.

The bad news, though is that anyone facing a 3rd offense that is not reduced or that can’t otherwise be “knocked out” of court will have to do those 30 days. 

The good news is that under Michigan law, 30 days equals 25 days for “good time," you get to subtract the night you spent in jail after the arrest as 1 full day, while also counting the day of sentencing as one full day day.  

This means that most people who get 30 days on a 3rd offense actually only serve 22 full days. Depending on the county, you get released at either 12:01 a.m. or 6:00 a.m. on that last day

If, however, a 3rd offense is reduced to a 2nd offense, then you’ll find Judges all over the board about whether to impose jail time or not. 

A person who had a DUI 17 years ago, and a 2nd DUI 12 years ago, and who now finds him or herself facing a 3rd DUI has a much better chance of not doing any time than someone who is working on his or her 3rd offense within 8 years. 

I’ve handled countless 3rd offense DUI’s where there has been no jail imposed, and I’ve handled DUI cases that have been my client’s 7th offense (by law, there is no charge above a 3rd offense, but all those priors do count) and managed to avoid anything more than the 30 days required in all felony DUI convictions.

Don't be Afraid of what isn't going to Happen

The grand takeaway here is simple:

  • If you’re facing a 1st offense drunk driving charge, you’re almost certainly not going to jail.
  • If you’re facing a 2nd offense, it’s a possibility, but NOT a probability.
  • If you’ve picked up a 3rd offense DUI, then some jail will be required, unless the charge is reduced to a 2nd offense; then you go back to “maybe.” 

As a Michigan DUI lawyer, I put my heart and soul into protecting my clients from jail whenever it is a real possibility, and also from the driver’s license sanctions, as well as all the other burdens, including tough probation, excessive testing, and unnecessary or avoidable classes, counseling and treatment. 

Whatever else, do NOT waste your money just to stay out of jail in a 1st offense case, because you're not going, anyway.

As you look for a Detroit-area DUI lawyer, you should look for honest information, and as you speak with any lawyer, including me, you should look for honest answers to your questions, including the ugly subject of jail. 

As a person of good conscience, I will always be candid with you, and never just tell (or sell) you what you want to hear. 

Above all, I can promise that of I'm your lawyer, I will produce the very best results possible in your case, whatever the circumstances.  You can’t do better than that.

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