Let me begin with an important caveat.  I do not represent other attorneys with the State Bar of Michigan and any potential sanctions on their law license; I make a referral to some great attorneys, but most importantly put the client in a great position to handle that part of their case by being proactive in their criminal case.

So how does this work? Let's run over a hypothetical case step by step with some commentary. 

1. A practicing attorney in Michigan is arrested for drunk driving
2. That attorney contacts me and will typically lead with their status as an attorney

From here I gather as much information from the client as possible such as Implied Consent issues and "other crimes".  An attorney charged with drunk driving is one thing, but if there's also drug possession, resisting arrest, leaving the scene of an accident, reckless driving etc, things are more complicated for the client.  

Let's assume it's a straight drunk driving.  I will inquire about any prior criminal history, most importantly substance abuse type cases in the past along with if this case was an "accident case".  From speaking with attorneys who help clients keep their law license, the State Bar is looking for a pattern of this type of behavior and accidents.  

Assuming this is a first offense and a traffic stop type case, we then discuss BAC levels, field sobriety tests, PBT's, reason for stop, basis of arrest etc.  We're not going to know the full story based on this conversation, because when it comes to a criminal case and worrying about keeping your law license, the content of the police report is all that really matters.  Innocent until proven guilty, but only one side creates an official account of the case, and it carries a ton of weight in negotiations, resolution, leverage and the State Bar of Michigan. 

Every client of mine goes on a proactive plan from day one, but this is especially important for attorneys who are charged with a DUI in Michigan.  I am already anticipating that client going before the disciplinary board, and trying to keep this a private matter without interruption to their ability to practice law, and avoiding their name in the State Bar Journal.   I understand from experience what has helped my many past clients get through this process in the past shape possible. 

It's very likely that the steps I have my client perform now will lead to a great result down the road with the State Bar of Michigan; being proactive months ahead of this process is HUGE in demonstrating that you are fit to continue practicing as you took control of your case from day one and did not hesitate to get back on track in life.   

It's usually 3-5 months before the State Bar of Michigan assesses my clients fitness to practice, but imagine if they weren't being proactive during this time; such a waste of time to do otherwise.  Unfortunately the majority  of lawyers charged with a DUI do nothing proactively, and only begin something once sentenced by a judge around the same time your conviction is reported.  What kind of message does that send? Wouldn't it be better to have 3 months worth of progress?

Every Michigan attorney client charged with DUI would begin 2x daily alcohol testing on a portable breath machine, seek a substance abuse assessment within 1-2 weeks of the incident.  They would begin counseling and engage in AA meetings immediately.  I would have them undergo alcohol education and awareness and discuss proactive community service.  We may do things like Intensive Outpatient counseling, Impact Weekend and a host of other impressive steps.  It's really about "going above and beyond" when charged with a DUI in Michigan as a practicing attorney.  There is no such thing as TOO MUCH in my book.  

If you're an attorney charged with a DUI in Michigan, it's time to buckle up and do everything to save your ticket in life, and your means to support yourself and your family. 

67th District Court - Division 5 (D67-5)
Serving City of Flint​

If charged with a misdemeanor DUI in Genesee County, you case will be heard at one of four district courts located in Flint, Grand Blanc, Mount Morris and Burton.  Here are the judges currently in Genesee County:

Honorable Richard B. Yuille, Chief Judge
Honorable David J. Goggins, District Judge
Honorable Mark W. Latchana, District Judge
Honorable Vikki Bayeh Haley, District Judge
Honorable Christopher Odette, District Judge
Honorable William H. Crawford, II, District Judge
Honorable Herman Marable, Jr., District Judge
Honorable Nathaniel C. Perry, III, District Judge
​
The most common police departments for DUI arrests are the Michigan State Police, Genesee County Sheriff, Fenton PD, Flint PD and Grand Blanc Twp  

The Genesee County District Courts have a sobriety court, which is a useful consideration if a client is charged with a second offense.  If you have an old DUI case on your record, you are eligible for a DUI Pardon, but not expungement.  

If charged with a misdemeanor DUI in Genesee County, the charge will either be Impaired Driving,Operating While Intoxicated, Super Drunk, Operating With Presence of Drugs or Minor BAC Zero Toleranceor with a prior, OWI 2nd Offense or 3rd Offense which would be a felony.  

When charged with a drunk driving offense in Michigan, you're fighting for your survival.  Your freedom, license, career, family reputation and your future are on the line.  

Key Statistics 

In a recent Michigan State Police drunk driving audit, there were 1015 DUI arrests in Genesee County with 308 blood tests and 613 Datamaster chemical tests. 304 of these chemical tests were above the 0.17 Super Drunk level.  ​

Here is a link to an article from my latest book on my experience as a former prosecutor, which breaks down a number of key points on first offense drunk driving cases. 

https://www.michiganduiplaybook.com/dui-vault-blog/owi-michigan-first-offense-what-the-prosecutor-thinks-about-your-case-drunk-driving-case

67th District Court - Division 4 (D67-4)
Serving Cities of Fenton, Grand Blanc, and Swartz Creek, and Townships of Fenton, Argentine, Grand Blanc, Mundy, Gaines, and Clayton​

If charged with a misdemeanor DUI in Genesee County, you case will be heard at one of four district courts located in Flint, Grand Blanc, Mount Morris and Burton.  Here are the judges currently in Genesee County:

Honorable Richard B. Yuille, Chief Judge
Honorable David J. Goggins, District Judge
Honorable Mark W. Latchana, District Judge
Honorable Vikki Bayeh Haley, District Judge
Honorable Christopher Odette, District Judge
Honorable William H. Crawford, II, District Judge
Honorable Herman Marable, Jr., District Judge
Honorable Nathaniel C. Perry, III, District Judge
​
The most common police departments for DUI arrests are the Michigan State Police, Genesee County Sheriff, Fenton PD, Flint PD and Grand Blanc Twp  

The Genesee County District Courts have a sobriety court, which is a useful consideration if a client is charged with a second offense.  If you have an old DUI case on your record, you are eligible for a DUI Pardon, but not expungement.  

If charged with a misdemeanor DUI in Genesee County, the charge will either be Impaired Driving,Operating While Intoxicated, Super Drunk, Operating With Presence of Drugs or Minor BAC Zero Toleranceor with a prior, OWI 2nd Offense or 3rd Offense which would be a felony.  

When charged with a drunk driving offense in Michigan, you're fighting for your survival.  Your freedom, license, career, family reputation and your future are on the line.  

Key Statistics 

In a recent Michigan State Police drunk driving audit, there were 1015 DUI arrests in Genesee County with 308 blood tests and 613 Datamaster chemical tests. 304 of these chemical tests were above the 0.17 Super Drunk level.  ​

Here is a link to an article from my latest book on my experience as a former prosecutor, which breaks down a number of key points on first offense drunk driving cases. 

https://www.michiganduiplaybook.com/dui-vault-blog/owi-michigan-first-offense-what-the-prosecutor-thinks-about-your-case-drunk-driving-case

7th District Court - Division 3 (D67-3)
Serving City of Mt. Morris, and Townships of Mt. Morris and Genesee​

If charged with a misdemeanor DUI in Genesee County, you case will be heard at one of four district courts located in Flint, Grand Blanc, Mount Morris and Burton.  Here are the judges currently in Genesee County:

Honorable Richard B. Yuille, Chief Judge
Honorable David J. Goggins, District Judge
Honorable Mark W. Latchana, District Judge
Honorable Vikki Bayeh Haley, District Judge
Honorable Christopher Odette, District Judge
Honorable William H. Crawford, II, District Judge
Honorable Herman Marable, Jr., District Judge
Honorable Nathaniel C. Perry, III, District Judge
​
The most common police departments for DUI arrests are the Michigan State Police, Genesee County Sheriff, Fenton PD, Flint PD and Grand Blanc Twp  

The Genesee County District Courts have a sobriety court, which is a useful consideration if a client is charged with a second offense.  If you have an old DUI case on your record, you are eligible for a DUI Pardon, but not expungement.  

If charged with a misdemeanor DUI in Genesee County, the charge will either be Impaired Driving,Operating While Intoxicated, Super Drunk, Operating With Presence of Drugs or Minor BAC Zero Toleranceor with a prior, OWI 2nd Offense or 3rd Offense which would be a felony.  

When charged with a drunk driving offense in Michigan, you're fighting for your survival.  Your freedom, license, career, family reputation and your future are on the line.  

Key Statistics 

In a recent Michigan State Police drunk driving audit, there were 1015 DUI arrests in Genesee County with 308 blood tests and 613 Datamaster chemical tests. 304 of these chemical tests were above the 0.17 Super Drunk level.  ​

Here is a link to an article from my latest book on my experience as a former prosecutor, which breaks down a number of key points on first offense drunk driving cases. 

https://www.michiganduiplaybook.com/dui-vault-blog/owi-michigan-first-offense-what-the-prosecutor-thinks-about-your-case-drunk-driving-case

67th District Court - Division 2 (D67-2)
Serving Cities of Davison and Burton, Townships of Davison, Forest, Richfield and Atlas​

If charged with a misdemeanor DUI in Genesee County, you case will be heard at one of four district courts located in Flint, Grand Blanc, Mount Morris and Burton.  Here are the judges currently in Genesee County:

Honorable Richard B. Yuille, Chief Judge
Honorable David J. Goggins, District Judge
Honorable Mark W. Latchana, District Judge
Honorable Vikki Bayeh Haley, District Judge
Honorable Christopher Odette, District Judge
Honorable William H. Crawford, II, District Judge
Honorable Herman Marable, Jr., District Judge
Honorable Nathaniel C. Perry, III, District Judge
​
The most common police departments for DUI arrests are the Michigan State Police, Genesee County Sheriff, Fenton PD, Flint PD and Grand Blanc Twp  

The Genesee County District Courts have a sobriety court, which is a useful consideration if a client is charged with a second offense.  If you have an old DUI case on your record, you are eligible for a DUI Pardon, but not expungement.  

If charged with a misdemeanor DUI in Genesee County, the charge will either be Impaired Driving,Operating While Intoxicated, Super Drunk, Operating With Presence of Drugs or Minor BAC Zero Toleranceor with a prior, OWI 2nd Offense or 3rd Offense which would be a felony.  

When charged with a drunk driving offense in Michigan, you're fighting for your survival.  Your freedom, license, career, family reputation and your future are on the line.  

Key Statistics 

In a recent Michigan State Police drunk driving audit, there were 1015 DUI arrests in Genesee County with 308 blood tests and 613 Datamaster chemical tests. 304 of these chemical tests were above the 0.17 Super Drunk level.  ​

Here is a link to an article from my latest book on my experience as a former prosecutor, which breaks down a number of key points on first offense drunk driving cases. 

https://www.michiganduiplaybook.com/dui-vault-blog/owi-michigan-first-offense-what-the-prosecutor-thinks-about-your-case-drunk-driving-case

67th District Court - Division 1 (D67-1)
Serving Cities of Flushing and Clio, Townships of Flushing, Flint, Montrose, Thetford, and Vienna​

If charged with a misdemeanor DUI in Genesee County, you case will be heard at one of four district courts located in Flint, Grand Blanc, Mount Morris and Burton.  Here are the judges currently in Genesee County:

Honorable Richard B. Yuille, Chief Judge
Honorable David J. Goggins, District Judge
Honorable Mark W. Latchana, District Judge
Honorable Vikki Bayeh Haley, District Judge
Honorable Christopher Odette, District Judge
Honorable William H. Crawford, II, District Judge
Honorable Herman Marable, Jr., District Judge
Honorable Nathaniel C. Perry, III, District Judge
​
The most common police departments for DUI arrests are the Michigan State Police, Genesee County Sheriff, Fenton PD, Flint PD and Grand Blanc Twp  

The Genesee County District Courts have a sobriety court, which is a useful consideration if a client is charged with a second offense.  If you have an old DUI case on your record, you are eligible for a DUI Pardon, but not expungement.  

If charged with a misdemeanor DUI in Genesee County, the charge will either be Impaired Driving,Operating While Intoxicated, Super Drunk, Operating With Presence of Drugs or Minor BAC Zero Toleranceor with a prior, OWI 2nd Offense or 3rd Offense which would be a felony.  

When charged with a drunk driving offense in Michigan, you're fighting for your survival.  Your freedom, license, career, family reputation and your future are on the line.  

Key Statistics 

In a recent Michigan State Police drunk driving audit, there were 1015 DUI arrests in Genesee County with 308 blood tests and 613 Datamaster chemical tests. 304 of these chemical tests were above the 0.17 Super Drunk level.  ​

Here is a link to an article from my latest book on my experience as a former prosecutor, which breaks down a number of key points on first offense drunk driving cases. 

https://www.michiganduiplaybook.com/dui-vault-blog/owi-michigan-first-offense-what-the-prosecutor-thinks-about-your-case-drunk-driving-case
​

Once a client is charged with drunk driving, a judge will set certain bond conditions.  The most common condition is no use of alcohol, which makes sense due to the reason for the criminal charges.  Most judges will also add alcohol testing, which can be with a PBT (portable breath test), an ETG (urine test that covers about 80 hours in time), a portable testing home unit or an alcohol tether.  

For most first offenses, a judge will order "random testing"; frankly this is a pain in the ass for many of my clients.  I work with mostly busy professionals (doctors, lawyers, executives, nurses, teachers, managers), and most of my clients have children and a ton of obligations jamming up their daily schedule.  This by no means is meant to say busy people shouldn't alcohol test.  I actually believe the opposite; I put all of my clients on a portable breath test unit from day one.  I have them test twice daily and we hold ourselves even more accountable than the judge would order.  This builds tremendous currency for later in the case.  

Now with twice daily testing, my client is committing to remembering to test within a certain window twice per day, and over the course of say three months, that's 90 chances to screw up.  A missed or late test is not a positive test, but a judge will consider it a violation.  Even if your testing window is 6 am to 8 am and you "miss" by testing at 8:05 am - you then register a late test as well.  All these lates and misses are listed on your results, and this is NOT a good conversation to have with the judge.  

This is where a judge must decide "are you a dangerous drunk driver or an irresponsible person?" Meaning, although you didn't test positive for alcohol, something is up - why are you not testing on time, are you trying to hide something?

When on bond for a DUI in Michigan, the judge knows you have a valid license, the judge is not making sure you don't drink other than a scheduled test - if you REALLY wanted to sneak a drink you could probably do it and get away with it.  So the judge must decide.

Are you violating the court order, drinking and putting the community at risk, or are you just too lazy, irresponsible or disorganized that you can't take a scheduled test?  It's obviously better to be the irresponsible person, and I deal with this more than I would like to with my clients.  

If I have a client missing tests or taking them outside the window, we need to answer for this with the judge.  A judge is very likely to throw this person in jail unless there is an alternative solution.  I have a two-part plan for this type of situation.

#1 - Self impose a sanction - this could be 15 hours of community service or signing up for an Impact Weekend.  Client hasn't been sentenced in the case, but they are stepping up and doing something extra as an "alternative to jail" 

#2 - We up the ante on the testing on our own if possible.  Occasionally a client hires me after bond is set, and the client may still be on "random testing" which means maybe they are testing twice per week, but not showing up or coming too late.  In this situation, I would have my client jump on the 2x daily unit; client would continue the random, but also do the daily - we would then go to court, and ask the judge to swap out the testing and adopt our more intensive testing.  If the client is already on the soberlink unit and missing or they are late, we level up to an alcohol tether and/or an interlock for their vehicle.  

These steps seem a little extreme, but it beats spending days or weeks sitting in jail.  It's my view that an irresponsible or disorganized person needs a kick in the ass and to take responsibility on their own - they should NOT be sent to jail, but they will be unless they step it up on their own.

I stand before 100's of judges each year on DUI cases.  If we're able to successfully resolve a case to the clients satisfaction, we will appear before the judge for sentencing.  The charge may have been reduced to a lower DUI charge or even a non-DUI charge, but the judge will always examine the "original case", not what was worked out with the prosecutor.  

For example, if my client creates enough leverage proactively and we find enough leverage within the facts of the case, we may be able to create a non-DUI outcome such as disorderly conduct.  Even if we're able to do this, the judge is still going to treat the sentence as a drunk driving sentence; that's not necessarily a bad thing, but many clients think they are out of hot water if the prosecutor cuts a great deal.  

There's two things a judge takes a "close look" at: was there an accident, and is the BAC number "high" - in my experience, a judge look at anything above 0.15 as a high, and anything with a 0.20 and up to be "concerning".  When you're approaching being 3x the legal limit, terrible things are bound to happen, but for some luck that the client didn't kill someone with their vehicle. 

A client may be able to function at 3x the legal limit, but it's very unlikely the judge believes that, nor cares if you're able to drive at that level.  Even if a judge is not known for sending first offenders to jail, if you have a BAC at a "concerning" level, the changes go up on spending a weekend or more in jail in Michigan.  

So what do we do to prepare for this scenario? We put safeguards in place such as daily alcohol testing, Impact Weekend, proactive community service, Intensive Outpatient (IOP) treatment among other steps from day one.  We can't change a BAC number if we're going to be pleading on a case, but we can take the sting off the result.  

On a yearly basis, I stand before 100's of different judges on drunk driving cases.  For clients who are able to work out great deals with the prosecutor, we eventually end up before a judge for sentencing.  Clients have similar goals: save their license and avoid jail, but many fail to realize other potential goals and differences in sentence.

A judge can sentence a client up to 24 months of probation and up to 5 years in prison for a third offense, one year for a second offense, and 93 or 180 days for first time offenses.  The probation term can carry many terms such as counseling, community service, programs, fines, costs, testing etc.  The sky is the limit with what a judge can throw at you for probation.  And if you violate that probation, you're likely to go to jail.

I educate my clients on potential sentence outcomes, and we're proactive from day one.  When I sit in court with clients, and we're able to observe other cases before us, it's shocking the difference between what my clients receive, and what non-clients receive.  I don't have a magic wand, but I do have a plan on day one.  

I've watched cases with similar "deals" receive 18-24 months probation with alcohol tethers, jail, intensive probation, hundreds of hours of community service, crazy fines/costs and probation fees.  My client gets nervous that the same thing is coming for them; I assure my clients that they are prepared and ready to make a great impression on the judge.

When we approach the podium I begin to educate the judge on what my client has already accomplished since the incident.  The most common reaction is a smile from the judge, a bunch of nodding in our direction and an open mind to our requests.  In the end, the client receives a much more favorable sentence and limits the window of time where they will be under court supervision.  Heck, some clients don't even receive probation for a drunk driving case in Michigan, which blows people away when I update them on past results.  

Make it a goal to make the judge smile, and you'll be a lot less stressed about your case and your future.  

As a former prosecutor, I was in the middle of 1000's of negotiations with defense attorneys both in New York City and in Michigan.  The majority of defense lawyers would just throw out requests without justification; many times if their client had no criminal record, their request would happen by default and procedure. No record? Sure, let's make a deal on most charges. 

The challenging cases were the cases where the defendant has a prior criminal record and were not good fits for "dismissal programs". No defense lawyer wants to sheepishly walk over to their client and say "no deal, you need to plead guilty". Sure, a lot of benefit can come from having a lawyer for sentencing (but majority of defense lawyers have no idea how to properly leverage sentencing), but the main reason why someone is hired by a client is to "work something out". When you can't, a client says WHY DID I HIRE YOUR SORRY ASS! 

Now, that client in that position has the right to go to a trial, but most of the time, more harm can be done by going to trial in this situation.   If you're guilty and the evidence is strong, you're just going to piss off the judge (judge will never and cannot admit this) by setting a trial where you probably should just step-up and take responsibility for your actions. I would never tell a client they have to plead guilty in this situation, but should a client just go to trial on a case where the evidence is strong and they don't have a defense, or is there another way to handle a case like this? 

When my client has a criminal history and the prosecutor won't budge or can't budge due to lack of eligibility, it's time to get creative and rely on our proactive approach. 

I've written articles and books on being proactive, so I won't touch on it much here, but every one of my clients is working on 4-5 different things during the case to take responsibility from day one, and get themselves heading in the right direction; classes, counseling, community service, proactive testing etc.  

Here are three ways this type of case can play out:

1. No deal - client pleads as charged with no deal in place and moves to sentencing.

2. No deal - client goes to trial on a strong case, is found guilty, is sentenced after jamming the court up.

3. No deal - call a timeout, maybe set for a bench trial, have client keep up proactive work for another month

Now deal #3 works because it's a compromise with the prosecutor. You're not setting for a jury trial, hauling in people from the community, forcing a prosecutor to prepare for trial and making the court invest an entire day for a trial that is not going to go in your favor. 

By setting it for bench trial, you're asking a prosecutor and judge to sprint down the road vs running a marathon. Maybe you tell the prosecutor that if all the witnesses show, your client will plead guilty, but ask the prosecutor to keep an open mind with your request and there is more good work to be done by the client.  

By not kicking down the prosecutor's door on a jury trial that is just silly to set, but still exercising your client's right to a trial, this is a happy medium of sorts. My client continues their proactive work for another month then when you return with the prosecutor, you were that reasonable person who is trying to work with everyone, and there's no running for what happened. 

I tell prosecutors on a regular basis, YES my client is super guilty - the client is comfortable with that, because why run from something? There's an opportunity to work on yourself and use this as a learning experience. Once we get over that hurdle of "fighting" guilt vs innocence, we can rely on solid relationships, common sense and merit. And in this scenario, we rely on time and continued progress. Once a guilty client gets over the hump of feeling the need to "defend themselves" we can get to work on great outcomes. Some cases have real defenses and constitutional issues to explore, but the majority of cases do not.  

Using this strategy, I have turned "no deal" into "well, your client has done X, Y and Z, and well it seems reasonable, OK, I will agree" 

In no part of this scenario did I have to pull my sword - I knew had nothing to fight over in the evidence, but I had common sense, merit and time on my side. I believe all prosecutors have a reasonable side to them, and I rely on my experience as a prosecutor to bring that out of them. My client needs to back up my requests with an impressive track record of proactive accomplishments, but if they do, I have the tools needed to be creative.