8 Critical Mistakes To Avoid When Charged With DUI Or DWI In Michigan
If you’re charged with a drunk driving offense in Michigan, the choices you make during your case are crucial because of the state’s unique laws. Here are 8 common mistakes you must avoid:
1. Assuming a drunk driving charge can’t be defended. Michigan has some of the nation’s toughest DUI and DWI laws. So a conviction can result in a lengthy jail sentence (up to 93 days), license suspension and points, fines up to $500, 360 hours of community service, and an ignition interlock device on your car — and that’s only for a low breath test first offense. A first offense conviction under Michigan’s new super drunk law carries much more significant punishment, including more jail time, fines and mandatory substance abuse counseling. Lawyers have legal knowledge and information about laws that can sometimes help lower your fine and jail time.
2. Believing your drunk driving charge doesn’t carry serious consequences. Don’t think you can just walk into court, plead guilty and then move on. If your charge isn’t defended properly, and you end up with a conviction, then you face a lifetime of consequences because Michigan drunk driving cases stay on your record permanently. Negative outcomes include skyrocketing insurance rates, employment challenges and travel restrictions to Canada.
3. Taking advice from someone other than your lawyer. You might be surprised to find out Michigan police officers rarely really know or understand the law and are known to offer questionable guidance, such as downplaying the situation and stating you don’t need a lawyer. Also, avoid talking to prosecutors or taking their advice because they are only interested in obtaining a conviction — not helping you.
4. Expecting a legal outcome based on another person’s case. Each drunk driving situation offers a unique set of circumstances. In Michigan, outcomes vary from court-to-court and case-to-case.
5. Thinking your social status will result in leniency in the courtroom. Due to Michigan’s strict drunk driving laws, history has proven people with higher status can be punished more severely. The consequences are also often more damaging. For example, if you have a high-profile job requiring a professional license (e.g., doctor, dentist, therapist, etc.), a drunk driving charge puts this license in jeopardy.
6. Holding back information from your lawyer. Although not unique to client-attorney relationships in Michigan, withholding or lying to your lawyer is a mistake — in any situation — that will always come back to haunt you.
7. Not documenting the events that occurred during your drunk driving charge. Memories fade, so write down your version of what happened during your arrest as soon as possible.
8. Hiring a lawyer based on the lowest price. Michigan does not have a continuing education requirement. As a result, many of Michigan’s lawyers don’t get additional training after law school. The lawyers who spend the time and money to stay on top of specialized education in topics such as breath and blood testing and alcohol metabolism gain knowledge that helps deliver successful results for clients. Rarely will the most qualified lawyers have the lowest fees.
Author Bio: Patrick T. Barone is the principal and founding member of the Barone Defense Firm in Birmingham, Michigan. He is the author of two books on DUI defense: “Defending Drinking Drivers” and “The DUI Book – A Citizen’s Guide to Understanding DUI Litigation in America.” Get more of his free tips and insider information about how to win your drunk driving case at http://www.winbackyourlife.org.
Category: Legal
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