{"id":7335,"date":"2023-12-27T13:17:08","date_gmt":"2023-12-27T18:17:08","guid":{"rendered":"https:\/\/www.randalawyers.com\/?p=7335"},"modified":"2025-01-22T16:20:21","modified_gmt":"2025-01-22T21:20:21","slug":"3rd-offense-dui-in-michigan-how-to-get-the-best-results-in-your-case","status":"publish","type":"post","link":"https:\/\/www.randalawyers.com\/blog\/3rd-offense-dui-in-michigan-how-to-get-the-best-results-in-your-case\/","title":{"rendered":"3rd Offense DUI in Michigan \u2013 How to get the Best Results in Your Case"},"content":{"rendered":"

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

After all, the whole point of hiring a lawyer is to escape as much of the potential legal fallout as one can.<\/p>\n

A 3rd offense DUI must be carefully handled to achieve the best outcome. In order to have an honest and useful discussion about this, we have to be blunt: Anyone facing a DUI 3rd offense is seen by the courts as a problem drinker and a risk to those on the road. There isn\u2019t a whole lot of public sympathy or understanding available for such people.<\/p>\n

This has to be front and center in a person\u2019s mind as he or she deals with his or her case. By the time someone racks up his or her 3rd DUI, nobody cares about how \u201csorry\u201d he or she might be, nor is anyone interested in another \u201cit won\u2019t happen again\u201d promise, either.<\/p>\n

For anyone facing a 3rd offense drunk driving charge, actions will definitely speak louder than words. As Michigan DUI lawyers, my team and I skillfully guide our clients through the right proactive steps that will result in a better case outcome.<\/p>\n

Of course, everyone\u2019s first hope is that the whole case can be dismissed. Statistically, however, that\u2019s usually the exception, rather than the rule. Even so, our first order of business when taking on a case is to find a way out of it. When that can\u2019t happen, though, then we have to do serious damage control to protect our client.<\/p>\n

Under Michigan\u2019s DUI law, it\u2019s a felony when a person is charged with a 3rd DUI (technically, a 3rd alcohol-related driving offense) at any point in his or her life. It doesn\u2019t matter how long ago someone had either of their 2 previous alcohol-related driving convictions.<\/p>\n

It\u2019s simply the law that DUI number 3 \u2013 whenever it occurs \u2013 is a felony. This is a change from the way things used to work in Michigan, and the reasons for that are instructive.<\/p>\n

Prior to 2007, a person had to rack up 3 DUI\u2019s within 10 years to be charged with a felony. Then, in January of that year, the law changed. There had been a fairly newsworthy case of some guy who had been driving drunk and killed a teenager named Heidi. That tragedy marked his 2nd offense, and because of the death involved, the guy served 10 years in prison.<\/p>\n

Later, after being released from prison for causing a drunk driving death, he got busted yet again for what was his 3rd DUI. Under the law in effect at the time, he could only be charged with a misdemeanor 1st offense DUI. The absurdity of situation became the impetus for a change in the law.<\/p>\n

As it stands now, the law simply provides that a person\u2019s 3rd DUI offense can be charged and prosecuted as a felony, no matter when either of his or her 2 priors occurred. That may explain the law, but there\u2019s a lot more at play here that the reader should understand.<\/p>\n

Clinically speaking, once a person has racked up 2 DUI\u2019s, he or she has already crossed the line into problem drinking. That bears repeating: It is a clinical and diagnostic fact that a person\u2019s 2nd DUI stands as proof that he or she has some kind<\/em> of alcohol problem.<\/p>\n

Of course, the courts know this, and the law treats all such offenders accordingly.<\/p>\n

Given that, when a person becomes a 3rd time DUI offender, it means his or her troubled relationship to alcohol has grown even worse.<\/p>\n

These are basic and foundational assumptions within the court system. It\u2019s important to understand that Judges deal with repeat offenders all the time.<\/p>\n

This means that every Judge knows, almost without exception, that any person showing up for a 3rd DUI offense has probably said \u201cit won\u2019t happen again\u201d after both his or her 1st and 2nd offense convictions.<\/p>\n

They also know that a person\u2019s DUI record only grows longer because his or her drinking problem is getting worse. As a practical matter, it is a foregone conclusion that anyone in court for a 3rd offense DUI has a drinking problem that is both serious and quite likely long-term, as well.<\/p>\n

Accordingly, it is beyond useless to say anything like \u201cI\u2019m not an alcoholic,\u201d or \u201cI don\u2019t really drink that much,\u201d or even \u201cI was just unlucky.\u201d A good DUI lawyer should never let that happen because nobody is going to buy it \u2013 especially not within the court system.<\/p>\n

This is a hard but simple truth that a person must accept as a starting point for making things better in a 3rd DUI offense case.<\/p>\n

Anyone standing before the court for a 3rd offense DUI is going to required to complete some kind of alcohol and\/or substance abuse treatment. Given that whatever was ordered for the person\u2019s 1st offense didn\u2019t work, nor did whatever had been ordered for the 2nd offense, whatever is ordered this time is likely to be a lot<\/strong> more intense.<\/p>\n

That makes sense on the surface, but here\u2019s where a deeper understanding of the development, diagnosis and treatment of alcohol problems can make a difference.<\/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

Each person, as an individual, responds differently to what we generally call \u201ctreatment”:<\/p>\n