Do I Really Need a Lawyer for a DUI in Metro-Detroit? – Part 2

In part 1 of this article, we began examining the question "Do I need a Lawyer for this?" in a DUI Case. We looked at a few reasons why a person might really consider going it alone, and we examined a few risks to going into a DUI case unrepresented. In this 2nd part of the article, we'll take a closer look at what a good, qualified DUI Lawyer brings to the table in a DUI case, and why not having that kind of help places someone at a distinct disadvantage. We left off examining the role of the PSI (Pre-Sentence Investigation) and the mandatory Alcohol Assessment and how the outcome of those processes essentially results in the "blue-print" for what's going to happen to someone in a DUI Case. If a person can have the help of a Lawyer who knows every facet of the PSI process, and fundamentally knows what specific information is being sought in an Alcohol Assessment Test, and how to score as low on it as possible, then what will happen to them in a DUI Case will be much better (meaning lenient), all other factors aside, than would be the case if they tried it alone. The Alcohol Assessment Tests all focus on five "traits" or "markers" used in identifying an actual or potential alcohol problem: 1. Biological History, 2. Social Comment, 3. Memory Integrity, 4. Social Conflict, and 5. Effects Threshold. Learning the meaning and application of these terms is the first step in preparing to produce a good (or low) score on whichever test is administered. And a good DUI Lawyer will have an active, working knowledge of these principles, and be in a position to teach the Client. Unfortunately, too few of those who style themselves as DUI Lawyers know the first thing about any of this. This should be a important consideration as someone "shops" around for a Lawyer. In terms of "outcomes," a person who is properly prepared (and in my Office, this takes about 2 hours) for an Alcohol Assessment Test will usually be able to score the lowest number of points possible. There will always be some points assessed, because one of the questions asked by any test is whether or not the person taking it has ever been Arrested for any Alcohol-Related Traffic Offense. You already know the answer to that one. What's more, some of the questions are "better" answered in a way that seems counter-intuitive. In other words, the answer that might first appear to be "common sense" may, in fact, add points to a person's score. These tests are designed to diagnose either an actual or potential alcohol problem in someone who might be very resistant to that idea. In other words, these tests take into account that a person may try to "fool" it. Thus, the person who does what we'd call "okay" on the Alcohol Assessment Test, and who does "okay" in the PSI process in general, will typically wind up with an "okay" Sentence. It's just that, even if they avoid any kind of rehab, making new friends in some Court-Ordered series of alcohol education classes is probably not worth the money they thought they saved (minus the cost of the classes…) by not having a Lawyer. In a 1st Offense case, for example, with the proper preparation, a person can emerge from the PSI process with the conclusion that this DUI incident represents an out of character incident for them, and that they do not need the usual battery of Classes and Programs that are standard far in most DUI Cases. In this regard, the person who handled their own DUI Case and another who hired a good DUI Lawyer, even if facing identical circumstances, will likely have different outcomes in their respective cases. And to be clear, the person with the good DUI Lawyer will emerge with less consequences, less classes, and less grief than someone who went without a Lawyer. The ultimate goal, in any DUI Case, is to either have it dismissed, or "beat" it somehow (although, statistically speaking, that's relatively rare, and represents the exception far more than the rule). Absent that, the next best goal is to emerge with the least amount of consequences possible. It's really that simple. Avoiding Classes, Counseling, Programs, Testing, Rehab, Reporting Probation, and all the stuff that seems to be part of a typical DUI "package" is the desired result. I have noted, in other articles, that in pretty much every Criminal Case, and certainly in every DUI Case, a person starts out willing to do anything to avoid Jail. If you were to call someone who just spent the night in Jail for a DUI and ask them if they'd sign a paper agreeing to Reporting Probation, Classes, Counseling and Testing in exchange for a written guarantee of no Jail, almost everyone would be asking "where do I sign?" Later, however, once the case is over, and the person is left to deal with all of those classes and tests and programs and everything else, and once they begin to see that Jail wasn't really on the menu, anyway, the relief of not going to Jail is replaced by the frustration of dealing with all the consequences handed down in their DUI case. As I have observed, it doesn't take long for the person juggling all of these Probationary Conditions to say something like "This is bull$###." Thus, avoiding all that "bull$###" is the reason you hire a Lawyer. Or at least why a DUI Defendant should be hiring a Lawyer. Beyond that, there are other reasons why having a good DUI Lawyer in a DUI case should be considered necessary. Years ago, a local District Judge and I were talking, and he told me that he always takes into account, in assessing Fines and Costs, that the person before him has had to go out and hire a Lawyer. On top of that, there is a certain, unquantifiable benefit to having a Lawyer who knows the Judge, the Prosecutors, and the Court where any particular case is pending. This is why I restrict my Practice to Macomb, Oakland, and only certain Courts in Wayne County. There is a certain amount of "goodwill" that can rub off on the Client from the Lawyer. Sometimes, the fact that a Lawyer knows the Judge, and is in front of that Judge regularly, can result in a little "benefit of the doubt." For all of that, though, anyone going before any Judge in the Metro-Detroit area will quickly learn that the most important factor in the outcome of their DUI Case is what is in the Sentencing Recommendation prepared in their case. As noted before, that Sentencing Recommendation can safely be considered the "blue-print," or "script" for what is going to happen to someone in a DUI case. In answer to the question "Do I really need a Lawyer for this," the answer is a qualified "yes." As we've seen, there are substantial benefits to hiring a well-qualified DUI Lawyer who is intimately familiar with the facets and importance of the PSI in general, and the Alcohol Assessment in particular.

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