A 3rd offense DUI case requires very special legal handling<\/a>. Everyone knows that it\u2019s a big deal, and that the potential penalties (we\u2019ll look at those later) are serious. Rather than focus how bad<\/em> things could be, however, in this article, we\u2019ll look at the law (In Michigan, what everyone calls a DUI is actually termed “OWI,” short for “Operating While Intoxicated<\/a>“) in plain terms, and then focus on how we can avoid as many of the legal penalties and negative consequences as possible.<\/p>\n
Of course, the courts know this, and the law treats all such offenders accordingly.<\/p>\n
Years ago, I felt it important to learn the clinical side of things because of our firm\u2019s concentration in DUI and driver\u2019s license restoration cases.<\/a> To do that, I completed a post-graduate program of addiction studies. There, I learned one of the most important lessons in the world of recovery:<\/p>\n
Different strokes for different folks.<\/em><\/p>\n
For its part, AA is probably the most well-known form of help for a drinking problem. While it may be the best program for some people, it\u2019s not for everyone.<\/p>\n
In point of fact, most people do NOT like AA.<\/p>\n
The question then becomes, what good does it do to mandate that a person stay in a community support program they despise, and\/or that simply does not help?<\/p>\n
As DUI lawyers, my team and I understand that the court system doesn\u2019t have the resources or ability to explore all the options and find what\u2019s best for each individual.<\/p>\n
We have to work with each client \u2013 proactively \u2013 to make sure he or she finds the kind of help that is a good fit and actually does work for them. That sounds great, but it also means that we have to take into account a person\u2019s financial resources and life schedule.<\/p>\n
A single parent with sole custody of his or her children can\u2019t go off for 30 days to the \u201cHappy Valley Luxury Recovery Center\u201d for rehab.<\/p>\n
Thus, we have to make sure the client finds something that fits their life, but that will also pass muster with the court. If not, then a person will get put into whatever \u201cone-size-fits-all\u201d program(s) a particular court uses, regardless of whether it works for them or not.<\/p>\n
Many years ago, I was sitting across from a driver\u2019s license restoration client who had racked up 3 DUI\u2019s. The key to winning a driver\u2019s license appeal is proving that a person has really quit drinking for a \u201clegally sufficient\u201d period of time, and has both the ability and commitment (meaning determination) to remain alcohol-free for life.<\/p>\n
As we talked, I learned that this lady had more than enough sober time, but she also had a very interesting take on her recovery that really changed how I think about \u201chelp\u201d for an alcohol or substance abuse problem.<\/p>\n
She pointed out something that I had always heard \u2013 how so many of the people in AA would talk about how they would self-medicate to find relief from various kinds of emotional pain they had felt in the past. She said that almost everyone had a story about how they were escaping some kind of emotional trauma, guilt, or something else that was overtly negative.<\/p>\n
Then, she shook her head and said, \u201cbut not me.\u201d As she explained it, it\u2019s not that she was \u201cbetter\u201d than anyone else, but rather that, in her case, her drinking had simply started out as a way to have fun. Being young, she quickly came to rely on drinking in that way and never really learned to enjoy herself without alcohol.<\/p>\n
This client certainly wasn\u2019t poor, noting that she had been raised in fairly well-off suburb, and had gone to fine schools.<\/p>\n
At no point in her life did she experience anything that she tried to forget about, or numb away by drinking. As she noted, \u201calcohol let me loosen up a bit and come out of my shell.\u201d Other than that, what had once been a vice had simply turned into a habit.<\/p>\n
I relate this story because it\u2019s important for us to understand where each client is coming from, as an individual. On this is certain – every person is unique.<\/p>\n
For our part, my team and I never lose sight of the fact that there\u2019s more at stake here than just pleasing the court. Anyone facing a DUI 3rd offense charge really needs to take steps to quit drinking.<\/p>\n
We\u2019ll forego the clinical dialogue here and just cut to the chase: If you\u2019re back for DUI #3, then you\u2019ve got a serious problem, and it won\u2019t get better on its own. Once a person has a drinking problem like that, the only way to \u201cfix\u201d it is to quit drinking altogether.<\/p>\n
Hopefully, anyone in this situation understands that trying to control, limit, or manage one\u2019s drinking simply does not work. Of course, some people don\u2019t get that, and my team and I see them for their 4th, 5th, or 6th DUI.<\/p>\n
The simple fact is that there is no way to successfully limit or manage one\u2019s drinking once it has become a real problem. In fact, any attempts to do that are considered diagnostic proof that a person, does, in fact, HAVE a problem.<\/p>\n
Beyond making things better in court, it\u2019s no doubt high time for anyone going through a 3rd DUI offense to make things better in his or her life, as well. By the time someone gets his or her 3rd drunk driving, it\u2019s quite likely that drinking has stopped being fun.<\/p>\n
To put all this into the simplest terms \u2013 ENOUGH ALREADY!<\/p>\n
This all makes sense here, as written, but many of the people we represent for a 3rd DUI offense have already had 4 or 5 prior DUI\u2019s. There is no higher DUI charge in Michigan than a 3rd offense.<\/p>\n
As busy as we are handling DUI cases, we\u2019re just one law firm. Judges see this stuff multiple times every day. They know that by the time a person shows up for a 3rd offense, he or she is in a bad way, and that there\u2019s a very real risk they might just keep on drinking (and driving), no matter what.<\/p>\n
Unless the case gets thrown out of court, then it is imperative that we show the Judge our client has taken steps and had a real \u201cepiphany\u201d about getting sober. Remember, there is absolutely ZERO risk of someone driving drunk if they don\u2019t drink.<\/p>\n
Unfortunately, some people get too caught up in the legal marketing messages about \u201cbeating\u201d the case, and fork over their money in the statistically unlikely hope to of having the whole thing dismissed.<\/p>\n
When that doesn\u2019t happen, then the find themselves right in the bullseye of getting sent to whatever treatment the court will order, after they get out of jail.<\/p>\n
In some DUI 3rd offense cases, we can avoid both a felony conviction and jail altogether. Beyond having been proactive from the start, there are things that can be done as part of the case to really avoid many, if not most, of the potential legal penalties and negative consequences from a conviction for a 3rd offense.<\/p>\n
Sometimes, this is done by seeking admission to a sobriety court program.<\/p>\n
Sobriety courts are a deep subject in their own right, so I\u2019d refer the reader to the following article to learn more;<\/p>\n
https:\/\/www.randalawyers.com\/blog\/sobriety-courts-in-the-detroit-area\/<\/p>\n
The short version here is that there is basically no downside to sobriety court, assuming one can be admitted.<\/p>\n
The first requirement for admission, though, is that a person must want<\/em> the help these programs offer. Here again, we come back to that simple message \u2013 enough already \u2013 that will either resonate with a person \u2013 or not.<\/p>\n
If you are facing a DUI 3rd offense and looking for a lawyer, be a wise consumer and read around. Pay close attention to how each lawyer breaks down the DUI process, and how he or she explains their own approach to it.<\/p>\n
When you\u2019ve done enough reading, start calling around and comparing lawyers. If your case is pending in the Greater-Detroit area, meaning anywhere in Wayne, Oakland, Macomb or one of the surrounding counties, make sure you give our office a ring.<\/p>\n
All of our consultations are free, confidential, and done over the phone, right when you call. My team<\/a> and I are very friendly people<\/strong> who will be glad to answer your questions<\/a>, explain things, and even compare notes with anything some other lawyer has told you.<\/p>\n