Charged with a second drunk driving in Michigan, now what?

When a potential client reaches out to me about a second offense DUI, it's important to view the case from all sides of the aisle.  As a former prosecutor, I understand that our prosecutor for our case will NOT give us the benefit of the doubt.  Not only will they "judge you" on your prior, but they will assume the worst between incidents.  What does this mean?

Let's say you had a prior DUI case in 2015, it's now 2019; prosecutor will assume you were drinking a driving for the last 4-5 years, but were simply not caught.  It doesn't matter if it's true or not, it's a perception we need to overcome.  Don't expect any sympathy from a prosecutor with a prior drunk driving offense.  More on how to change that a in a bit.

Next, we need to factor in the judge.  Based on more than a decade of experience working with judges on DUI cases, they think the same, but may not always expressively state that, but they still believe it.   As an elected judge their role is to "protect and secure the community, which elected them" - what does this mean?

It means that if someone is a repeat drunk driver, as the judge of the community, they need to decide how to stop this person from repeating this dangerous behavior.  There is also a track of record of having a past case and whatever was implemented from the previous judge, simply did not work to stop a repeat offense.  First instinct is to do more, more severe, send a strong message; that makes a lot of sense and is the natural reaction for a judge.  This could mean up to two years of intensive probation, daily alcohol testing, jail etc. 

So how the heck do we overcome the prosecutor and the judge? How do we avoid simply sitting back and hoping for the best? What if you had the power to overcome these perceptions and create your own course? Well it's very possible, but it does take work.  It means being proactive, and putting a series of steps into place right away.  This can be the best or worst day of your life, and the prosecutor and judge are ready to make it your worst, so you don't do it again.  

We have an opportunity to flip those tables and make it your best day, to begin to reflect, learn and change without anyone directing us to do this.  This is what I do as a DUI lawyer in Michigan.  We are proactive from day one and work every single waking hour on changing the perception of the case.  Reach out about your unique situation, and we can discuss your options.