{"id":3561,"date":"2024-04-12T12:00:47","date_gmt":"2024-04-12T16:00:47","guid":{"rendered":"https:\/\/wordpress-195849-4032129.cloudwaysapps.com\/a-dui-charge-does-not-mean-you-have-drinking-problem-part-1\/"},"modified":"2024-09-04T12:40:17","modified_gmt":"2024-09-04T16:40:17","slug":"dui-as-an-isolated-incident","status":"publish","type":"post","link":"https:\/\/www.randalawyers.com\/blog\/dui-as-an-isolated-incident\/","title":{"rendered":"Am I an Alcoholic? (A DUI Does NOT Define You)"},"content":{"rendered":"
A DUI charge does not mean that a person has a drinking problem. In fact, most people arrested for drunk driving do NOT. However, in some cases, a drunk driving<\/a> arrest can<\/em> be a sign that someone\u2019s relationship with alcohol has become troublesome.<\/p>\n How do you tell the difference?<\/p>\n In this article, we\u2019re going to look at both the personal and legal side of this. Even if you don\u2019t have any kind of alcohol use disorder, it will be helpful to understand how the courts are going to evaluate your drinking habits in the context of a DUI case<\/a>.<\/p>\n This article is important for anyone facing a DUI charge, meaning both those who don\u2019t have a drinking problem and those who might (or do):<\/p>\n Although what we\u2019ll cover here will focus mostly on those people arrested for a 1st offense DUI, it\u2019s also relevant to anyone facing a 2nd offense or 3rd offense DUI charge, as well.<\/p>\n The simple truth is that DUI (OWI) cases sometimes just \u201chappen\u201d to otherwise law-abiding, upstanding people who don\u2019t have any kind of drinking problem. These are the people my team and I most often represent, and they are the kind who never imagined themselves in the back of a police car, wearing handcuffs.<\/p>\n For them, the whole experience of being arrested seems like something out of a bad movie. Most of the clients our firm<\/a> represents possess plenty of what is called \u201csocial capital,\u201d meaning they have these three things:<\/p>\n Statistically speaking, most people arrested for a 1st offense DUI do NOT have a drinking problem.<\/p>\n However \u2013 and as we noted \u2013 it is also true that some<\/em> of those arrested DO, in fact, have some kind of troubled relationship to alcohol. Our job, as Michigan DUI lawyers, is really two-fold:<\/p>\n That sounds great, but it must be done with an understanding that the court system has a built-in tendency to \u201cread\u201d a drinking problem into everyone who winds up facing a drunk driving charge.<\/p>\n There is a reason for this: Repeated studies have shown that, as a group, people who have been arrested for a DUI have a higher rate of drinking problems than those who have never been in that situation.<\/p>\n This makes sense when you think about it. What matters most, though, is that this kind of “predisposition” is an ever-present reality that affects every DUI case that goes through the court system.<\/p>\n Yes, every single person who goes through a DUI<\/a> in Michigan must be screened<\/a> and undergo an alcohol assessment. This is done by completing a legally required written screening \u201ctest\u201d (or what might be called an \u201calcoholic quiz\u201d) to determine if he or she has, or is at risk to develop a drinking problem.<\/p>\n The screening itself is done by the court\u2019s probation department. The big concern here is that every DUI driver starts out as automatically presumed to be at increased risk to either have or develop a problem with alcohol precisely because he or she is taking the test as the result of a drunk driving arrest.<\/em><\/p>\n That doesn\u2019t change the fact that only a minority of those arrested for DUI do, in fact, have a problem with alcohol. Neither, however, does it change the statistical fact that, as a group, those arrested for drunk driving are more likely to engage in some kind of risky or troubled drinking behavior (as evidenced by their current DUI).<\/p>\n The results of the legally required alcohol screening are used by the probation department to make a formal written recommendation to the judge advising what kind of education, counseling, testing, and\/or alcohol treatment program should be ordered as part of the sentence in each DUI case.<\/p>\n The court system, for its part, will always (and understandably) take a \u201cbetter safe than sorry\u201d approach to education, counseling, and\/or treatment\u2014especially when it\u2019s ordered INSTEAD of jail time.<\/p>\n Even so, unnecessary treatment and\/or counseling is not only an undue (and expensive) burden to those who don\u2019t need it, but it is also a waste of precious resources better used for those who really could use the help.<\/p>\n The overwhelming majority of DUI cases are resolved through a plea bargain<\/a> or some other plea arrangement. Absent a good chance of otherwise beating the charge, this is always the smart way to resolve things and limit damage.<\/p>\n Some people, though, insist on going to trial to fight their drunk driving charge, no matter how strong the evidence. According to the Michigan State Police Annual Drunk Driving Audit<\/a>, here\u2019s how that all works out:<\/p>\n This means that if you\u2019ve been arrested for a DUI, there is about a 99% chance that you will<\/em>, in fact, go through the whole court process, including the mandatory alcohol screening.<\/p>\n If your only plan for resolving your DUI is to go to trial and attempt to beat the case, that leaves you rather unprepared for the legally required alcohol assessment, which is certain to happen for all but a small handful of the luckiest souls.<\/p>\n A huge concern about this screening is the well-known issue of over-diagnosis<\/a> of alcohol problems among DWI offenders in the court system. The \u201cbetter safe than sorry\u201d approach (understandably) used by the courts only contributes to this problem.<\/p>\n Here are three key consequences of \u201cover-diagnosis\u201d in the context of a DUI case:<\/p>\n None of these are good things, but this is how the system works and exactly what my team and I, as Michigan DUI attorneys, need to protect you from.<\/p>\n Think about it: Who is going to lose any sleep if some DUI offender is forced to undergo a course of unnecessary alcohol education or counseling as part of his or her sentence?<\/strong><\/p>\n Nobody.<\/em><\/p>\n At best, you\u2019ll get an impatient \u201coh well\u201d because having to go to court-ordered classes or counseling is seen as part of the \u201cpunishment\u201d for picking up a drinking and driving charge in the first place. No matter what, getting stuck in classes or counseling is a hell of a lot better than being sent to jail, right?<\/p>\n Except that when it\u2019s you who must pay for and attend all those classes or go through counseling, it\u2019s not so easy to blow it off by saying, \u201cOh well.\u201d<\/p>\n This is especially true when you know you don\u2019t have an alcohol problem.<\/p>\n In theory, the whole point of the assessment is to determine whether a person has, or is at risk of developing a drinking problem \u2013 or not. However, as noted, the courts will always take a \u201cbetter safe than sorry\u201d approach.<\/p>\n Essentially, that means they take the position that it\u2019s better to order counseling or treatment that\u2019s not needed than it is to NOT order any that IS needed.<\/p>\n As we\u2019ve noted, every DUI driver<\/a> is required, by law, to undergo an alcohol assessment. Whether it’s called an assessment, a screening, a substance abuse evaluation, or something else, it\u2019s all the same thing.<\/p>\n In a perfect world, the legally required alcohol assessment would itself be a clinically sound \u201ctest\u201d administered by an impartial substance abuse professional. In fact, if you didn\u2019t know otherwise, you\u2019d assume that how it would work, right?<\/p>\n Wrong.<\/em><\/p>\n Instead of having a substance abuse counselor administer the assessment in a DUI case (in Michigan, the actual legal term for what everyone calls DUI is Operating While Intoxicated<\/a>, or \u201cOWI\u201d for short), the task is handled by the court\u2019s probation department.<\/p>\n Because probation officers are NOT practicing clinicians, they cannot and do not use the best, most accurate screening instruments (\u201ctests\u201d) or otherwise ask the probative kinds of questions that one would expect from a real substance abuse counselor.<\/p>\n Instead, they rely upon less clinically sound screening quizzes that use a \u201cscoring key\u201d to determine what level of alcohol problem<\/a> a person supposedly has or may develop.<\/p>\n There are numerous of these \u201ctests\u201d in use, and they ask about everything related to drinking alcohol, as well as some things that don\u2019t seem connected. Here are just some common areas of inquiry (FAQS) you\u2019re likely to encounter:<\/p>\n Here are some other questions that may show up as part of a DUI alcohol screening:<\/p>\n Using your score on whatever screening test is given, along with whatever other information he or she feels is important, the probation officer must then make a written recommendation to the judge advising what kind of sentence you should get for your DUI. This, of course, includes counseling and\/or treatment options.<\/p>\n Here\u2019s the reason this is such a big deal: Just about every judge in every court follows that recommendation pretty much to the letter.<\/p>\n In other words, the recommendation that the probation officer comes up with after he or she gives you the alcohol assessment is really the blueprint for what is going to happen to you.<\/strong><\/p>\n Now, if you don\u2019t have any kind of alcohol problem and aren\u2019t otherwise at risk of developing one, then the goal is to avoid getting stuck into classes, counseling, and\/or rehab that you don\u2019t need. Of course, to achieve that goal, we must be mindful of the court\u2019s ever-present \u201cbetter safe than sorry\u201d approach.<\/p>\n As we’ve noted, nobody, including the judge, is going to lose sleep if some DUI driver gets ordered into classes or counseling that he or she does not need instead of being sent to jail. As your DUI lawyers, my team and I are there to protect you from that.<\/strong><\/p>\n However, what about someone who may need a bit of help figuring out if his or her drinking is a problem or knows that it is and wants some direction to get a handle on it?<\/p>\n Even though most 1st time DUI offenders don\u2019t have any kind of alcohol problem, as has been pointed out – some do<\/em>. The only thing the court can do to \u201chelp\u201d is order any such person into whatever local treatment program it typically uses.<\/p>\n The catch is that the court\u2019s preferred program may NOT be the right choice for you.<\/p>\n This happens a lot with AA. Some people love it, many tolerate it, and most hate it. To be sure, AA is a great program, but it\u2019s certainly NOT for everyone, and indeed, not for most people.<\/p>\n Real “help” means something you can afford and that is otherwise a good fit for you and your needs. My team and I are here to assist with that as much as every other part of the case.<\/p>\n How do you determine if your drinking has become a problem<\/a>? Perhaps the easiest way to start is by applying the old saying, \u201cAnything that causes a problem IS a problem.\u201d<\/p>\n In the real world, nobody ever questions if their drinking is an issue because it\u2019s working out so well. It\u2019s only when a person begins having problems that they\u2019ll begin to wonder if their drinking<\/a> plays a role in that. Sometimes, that\u2019s because they can\u2019t deny either engaging in heavy drinking or some kind of binge drinking behavior.<\/p>\n For some, things may have progressed far enough to outright alcohol dependence. These people experience things like blackouts and maybe even alcohol withdrawal symptoms.<\/p>\n Others may be on the cusp of crossing the line from normal to problem drinking. One does not need to have an alcohol addiction to have an alcohol problem. Remember, one of the best guides to follow is the simple observation from above: Anything that causes a problem IS a problem.<\/p>\n Of course, this is where some people will rationalize themselves right out of giving it a second thought.<\/p>\n In fact, even when directly confronted by friends or loved ones about how their drinking is creating problems, some people will twist everything into a pretzel in a vain attempt to explain how their alcohol use is NOT a problem.<\/p>\n That\u2019s rationalizing.<\/p>\n Here are some considerations that can help you do a kind of private self-assessment. If you answer \u201cyes\u201d to 2 or more, then your drinking may be problematic:<\/p>\n These are a few of many diagnostic inquiries used by clinicians to help someone evaluate drinking behavior. It’s important to note that nswering \u201cyes\u201d to 2 or more does NOT necessarily mean a person is showing signs of alcoholism or that he or she has developed a habit of excessive drinking and needs something extreme, like detoxification.<\/p>\n In fact, not all drinking problems involve excessive alcohol use. Some people don\u2019t drink that much, but sometimes, when they do, they don\u2019t have an \u201coff\u201d button.<\/p>\n Other times, having a \u201cdrinking problem\u201d simply means that a person\u2019s relationship with alcohol has become risky and troublesome and that it\u2019s time to take some steps to reign it in before things get worse.<\/p>\n The National Institute on Alcohol Abuse and Alcoholism (NIAAA) has a great web page with all kinds of resources for anyone who either wonders if they have a drinking problem or who already knows they do and wants to find help. It\u2019s also great for the family and friends of someone struggling with his or her drinking:<\/p>\n https:\/\/www.niaaa.nih.gov\/<\/a><\/p>\n Also, The Substance Abuse and Mental Health Services Administration (SAMHSA) has a wonderful website, including a hotline, that can help with treatment referrals and information:<\/p>\n Here is the main site: https:\/\/www.samhsa.gov\/<\/a><\/p>\n Here is the SAMHSA helpline and referral page: https:\/\/www.samhsa.gov\/find-help\/national-helpline<\/a><\/p>\n For those who just want to consider things more on their own, here is a good, short \u201cself-test,\u201d called the AUDIT<\/a> (Alcohol Use Disorders Identification Test, and sometimes just called the \u201cAUD\u201d) that can be used to help someone figure out if their drinking has crossed the line from normal to problematic.<\/p>\n While these are wonderful resources, we can still circle back to the 2 points mentioned earlier:<\/p>\n The effects of alcohol aren\u2019t the same for a high-functioning alcoholic, but no matter how much or how little a person drinks, when the problems start to mount, there is often a little voice in his or her head that whispers , \u201cSomething isn\u2019t right here.\u201d<\/p>\n Things like blackouts, short-term memory loss, high blood pressure, liver disease, mood swings, and\/or the worsening of bipolar disorder symptoms can result from excessive drinking.<\/p>\n There are, of course, less severe warning signs, as well. These include things like just not feeling good about your drinking or otherwise suspecting that your alcohol consumption isn\u2019t healthy or normal. These concerns should never be ignored.<\/p>\n If you\u2019ve gotten to the point that you\u2019re wondering about your drinking, don\u2019t just blow it off or try rationalizing it away. No matter what, it\u2019s never too early to explore your relationship with alcohol with the help of someone like a good, non-judgmental counselor.<\/p>\n For anyone that\u2019s interested, we can help with this, and provide direction.<\/p>\n\n
Does Getting a DUI Mean You Have a Drinking Problem?<\/h2>\n
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Will I Have to Undergo a Substance Abuse Assessment After a DUI?<\/h2>\n
The DUI Numbers Don\u2019t Lie<\/h2>\n
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The Risk Of Over-Diagnosis And Getting Sent To Unnecessary Counseling<\/h2>\n
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What Happens at a DWI Assessment?<\/h2>\n
Things You May Be Asked About<\/h3>\n
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It\u2019s Not All About Alcohol, Either<\/h3>\n
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The Most Important Part Of The Assessment is the Sentencing Recommendation<\/h3>\n
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Signs That You Are Struggling With An Alcohol Use Disorder<\/h2>\n
Signs Of an Alcohol Problem<\/h3>\n
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What Other Tools Can Help Me Determine If I Have a Drinking Problem?<\/h3>\n
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What Can You Learn From a DUI?<\/h2>\n