{"id":4275,"date":"2023-09-13T09:30:54","date_gmt":"2023-09-13T09:30:54","guid":{"rendered":"https:\/\/wordpress-195849-4032129.cloudwaysapps.com\/michigan-1st-offense-dui-arrest-an-opportunity-to-examine-your-relationship-to-alcohol\/"},"modified":"2025-01-07T11:15:04","modified_gmt":"2025-01-07T16:15:04","slug":"a-1st-offense-dui-is-an-opportunity-to-look-at-your-drinking-behavior","status":"publish","type":"post","link":"https:\/\/www.randalawyers.com\/blog\/a-1st-offense-dui-is-an-opportunity-to-look-at-your-drinking-behavior\/","title":{"rendered":"Michigan 1st Offense DUI Arrest – An Opportunity to Examine Your Relationship to Alcohol"},"content":{"rendered":"

Most people who pick up a 1st offense DUI do NOT have a drinking problem. That\u2019s a simple fact. However, getting arrested for drunk driving can be<\/em> a wake-up call for some individuals, and an opportunity for them to revaluate their relationship to alcohol. Plenty of people ask us about getting into counseling or therapy just to \u201clook good,\u201d for their DUI case. That misses the point entirely. In this article, we\u2019re going to try and sort out when a DUI is just an episode of poor judgment versus when it may be a symptom of some kind of troubled relationship with alcohol.<\/p>\n

\"AFor all the clinical considerations involved in figuring out whether one has a drinking problem or not, many people have a \u201cgut feeling\u201d that something isn\u2019t right. To be sure, there are those who are able to block out or mentally over-talk that little voice inside their head that says \u201csomething ain\u2019t right here.\u201d That kind of reasoning against the facts is called \u201cdenial,\u201d and some people squander years, and even entire lifetimes, trying to convince themselves that things are okay when, in fact, they\u2019re really not.<\/p>\n

It\u2019s actually rather common for those around someone whose drinking has become troublesome to recognize a problem long before the person him or herself does (if he or she ever<\/em> does). On the flip side, it is unusual for outsiders to \u201csee\u201d a problem that\u2019s not there. In other words, if the people around someone think his or her drinking has grown problematic, it\u2019s quite likely that they\u2019re right. This is especially true for anyone who is currently facing or who has previously had a 1st offense DUI. There\u2019s a good reason for that, and it\u2019s really important in the context of DUI cases.<\/p>\n

Over the last several decades, multiple studies have shown that, as a group, people who\u2019ve had even a single, 1st offense DUI have a higher rate of drinking problems than the population at large. Interestingly, if not ironically, this is one of the first things I learned when I began my post-graduate program of addiction studies. It was rather eye-opening for me, because by the time I had started that curriculum, I was a DUI lawyer<\/a> with over 20 years\u2019 experience. Let me explain the significance of this using a simple example:<\/p>\n

Let\u2019s say we\u2019re going to conduct a study comparing 2 groups, each of 2000 people. Both groups will be made up of the proverbial \u201cman or woman on the street.\u201d We\u2019re going to select people at random, and the only requirement for the first group of 2000 is that these people have, or otherwise be intellectually capable of obtaining a driver\u2019s license. In other words, the only people we will exclude are those who are NOT mentally capable of getting a driver\u2019s license.<\/p>\n

We\u2019ll call this lot \u201cGroup A<\/strong>.\u201d<\/p>\n

Next, we\u2019re going to do the same thing all over again, for another group of 2000 people. These people will also be the proverbial \u201cman or woman on the street.\u201d We\u2019re going to select people at random, and we\u2019ll still mandate that these people have, or otherwise be intellectually capable of obtaining a driver\u2019s license. However, we\u2019re going to add one additional requirement: Everyone in this group must either be currently facing or have previously had at a single DUI conviction.<\/p>\n

We\u2019ll call this lot \u201cGroup B<\/strong>.\u201d<\/p>\n

No matter how many different screening instruments (i.e., substance abuse tests<\/em>) are used, it will always be the case that \u201cGroup B\u201d<\/strong> has a measurably higher rate of alcohol problems than \u201cGroup A<\/strong>.\u201d<\/p>\n

This shouldn\u2019t come as a surprise for anyone who spends a lot of time in court handling DUI cases<\/a> (actually, in Michigan, what everyone calls a DUI is legally termed “OWI,” short for “Operating While Intoxicated<\/a>“).\u00a0 However, it should stand as a warning that it can be easy to over-generalize from this to think that most<\/em> people with a 1st offense DUI have a drinking problem.<\/p>\n

They don\u2019t<\/em>.<\/p>\n

In that same way, it is a fact that people with blue or green eyes have a higher rate of skin cancer than those with brown eyes. Despite that, it is also a fact that only a small minority of people with blue or green eyes ever get skin cancer. In other words, they are simply part of a higher risk group.<\/p>\n

The court system knows that 1st offense DUI drivers are, in fact, part of a higher risk group. The problem is that precisely because the system is \u201con guard\u201d for that reality, it tends to have a kind of confirmation bias. In other words, the system can “see” problems that aren’t really there. A key part of our job is to make sure the court gets to know the person facing the charge<\/a>, especially when he or she doesn’t have any kind of drinking problem.<\/p>\n

To put this another way, the court system largely takes a \u201cbetter safe than sorry<\/a>\u201d approach in all DUI matters. There is no Judge who is going to lose any sleep over the thought that, instead of sending someone to jail for a 1st offense DUI, he or she was required to complete some kind of counseling, even if that turned out to be more than necessary.<\/p>\n

This is an important consideration for my team and I, as Michigan DUI lawyers<\/a>. We must employ an intelligent strategy<\/a> to make sure our clients are NOT perceived as either having a drinking problem they don\u2019t, or otherwise inaccurately perceived as being \u201cat risk\u201d for one to develop. We have to protect them from getting caught up in that whole \u201cbetter safe than sorry\u201d thing.<\/p>\n

That\u2019s all well and fine on the legal side of things, but let\u2019s circle back to the reality that a 1st offense DUI may or may not be a red flag for a person to take stock of his or her own drinking habits.<\/p>\n

Early in this piece I noted that people who’ve been arrested for drunk driving<\/a> often ask us if getting some kind of help, like seeing a counselor or going to AA, will help their case. I observed that such a question misses the point. In terms of an answer, however, it\u2019s a definite \u201cmaybe.\u201d<\/p>\n

If someone genuinely feels like his or her relationship to alcohol<\/a> has become troublesome, or even wonders<\/em>\u00a0if he or she has a drinking problem, then speaking with a clinician is likely to be helpful. To be blunt about it, there is probably nobody who \u201cwonders\u201d if he or she has a drinking problem that doesn\u2019t. Few people wind up voluntarily sitting with a counselor (especially after a drunk driving arrest) and asking if their alcohol use is normal, only to be told, \u201cSure, it\u2019s okay.\u201d<\/p>\n

As the old saying goes, \u201canything that causes a problem IS a problem.\u201d<\/p>\n

There is certainly no harm in exploring whether one\u2019s drinking is \u201coff\u201d in some way. At the point where a person begins to wonder about it, then it\u2019s clear that there is some kind of concern that should be be addressed.<\/p>\n

To be sure, if someone has to start doing math regarding their drinking, then it’s almost certainly a problem. Think about it: Who makes a list of all the bad things that have happened while drinking and compares them to all the good things that have happened?<\/p>\n

Has anyone ever thought, \u201cWell, we got really drunk one lucky night, and that\u2019s when I had my million-dollar idea, and also met the love of my life!\u201d<\/p>\n

Instead, what people most often do is look at all the problems caused by alcohol and then try to explain them away. That\u2019s blackjack math, and nothing more than self-deception. That is, in a word, what we have previously described as \u201cdenial.\u201d<\/p>\n

One of the most common stories among those who do finally quit drinking is how long and how many ways they tried to get a handle on their alcohol use, until they finally realized they couldn\u2019t.<\/p>\n

This can be especially difficult for someone who doesn\u2019t drink that frequently, or that much. If a person drinks pretty much every day, wakes up with the shakes and needs a drink first thing in the morning to steady his or her nerves, then it\u2019s a given that something is wrong.<\/p>\n

But what about the person who only drinks once in a while, and who is clearly not dependent on alcohol?<\/p>\n

Here, we go right back to that sage advice that \u201canything that causes a problem IS a problem.\u201d<\/p>\n

Let\u2019s use a gambling hypothetical to make this clear:<\/p>\n

Imagine we have 2 people, Casino Carl<\/strong> and Slot Machine Sally<\/strong>.<\/p>\n

Casino Carl<\/strong> doesn\u2019t bet the horses, doesn\u2019t do sports betting, or even play the lottery. A few times a year, at most, he\u2019ll go to the casino (and usually only when it\u2019s someone else\u2019s idea), but other than that, he\u2019s not any kind of \u201cbetting man.\u201d<\/p>\n

Slot Machine Sally<\/strong>, by contrast, bets on just about everything. She has several betting apps on her phone and always buys a few tickets for the lottery each week.<\/p>\n

Sally<\/strong> loves the nickel slots. Although she plays often, she never bets a lot, and, consequently, never loses a lot. Sally<\/strong> is a pharmacist, and makes $120,000 per year. Her husband is in industrial sales, and brings in well over $200,000 per year. Financially, they\u2019re doing quite well. The most Sally has ever lost in a week was about $150.00.<\/p>\n

Gambling has never caused any problems for Sally<\/strong>.<\/p>\n

By contrast, when Carl<\/strong> goes to the casino, he always winds up losing, and then chasing his losses. He\u2019ll usually take about $200 cash with him, but when that\u2019s gone, he\u2019ll use the ATM to get a cash advance on his credit card.<\/p>\n

Every time he loses, Carl<\/strong> just \u201cfeels\u201d there is a big win right around the corner to make things right. Last time he was at the casino, he withdrew $2300 on his credit card, which was his limit. At nearly 18% interest, Carl<\/strong> is now only able to make the minimum payments on that card. Worse yet, almost all of his debt is from those cash advances made at the casino.<\/p>\n

Although he doesn\u2019t bet often, gambling HAS caused problems for Carl<\/strong>, and therefore IS a problem.<\/p>\n

The point here is that a person doesn\u2019t have to be any kind of \u201cbig drinker\u201d for drinking to be a problem. It\u2019s a risk thing. There are plenty of people who can drink normally 99% of the time, but it\u2019s during that other 1% that things go wrong and they run into problems.<\/p>\n

Who would fly on an airline that boasted \u201cOnly 1% of our planes crash; the other 99% land safely!\u201d?<\/p>\n

Thus, a person may only drink once in a while, but if he or she is now facing a 1st offense DUI, we come back again to the adage that \u201canything that causes a problem IS a problem.\u201d This means one will have to ask him or herself some important questions, and, hopefully, answer them honestly.<\/p>\n

One of the standard conditions imposed by the courts in all 1st offense DUI cases is that a person cannot consume alcohol<\/a> while the case is pending, nor while on probation, either. If someone even thinks<\/em> that\u2019s going to be a big inconvenience, or any kind of problem, then he or she has uncovered a big clue about their relationship to alcohol.<\/p>\n

We could explore this subject forever, but our goal here was to point out how a 1st offense DUI presents as an opportunity for a person to assess whether or not his or her relationship to alcohol has grown problematic. Ultimately, if one can be honest with him or herself, and quiet down the internal dialogue enough, there will be that \u201clittle voice\u201d in his or her heart of hearts that either says \u201cthere might be something here,\u201d or else \u201cnothing to see here.\u201d<\/p>\n

It\u2019s really a question of honesty. A person cannot be honest with anyone else until he or she is first honest with themselves.<\/p>\n

Sometimes, it\u2019s good to get a little help with these things. In our roles as DUI lawyers, we regularly help our clients wrestle with these questions. Often, we\u2019ll assist them to find someone with whom they can comfortably explore these issues. After all, a DUI<\/a> is both a legal problem and a personal problem, and our job is to help the client move past the whole thing<\/em>. It does little good to simply handle the legal problems and leave a person to struggle with other issues.<\/p>\n

In that regard, if you\u2019re facing a DUI charge<\/a> and looking for a lawyer, be a wise consumer. Read around, and pay attention to how different lawyers explain the DUI process, and how they explain their various approaches to it.<\/p>\n

This blog<\/a> is a great place to start. It is fully searchable, and updated weekly with new, original content. To-date, I have written and published over 610 articles in the DUI section<\/a>. The reader can find more helpful information here than anywhere else, but don\u2019t take my word for it – look around for yourself.<\/p>\n

Once you\u2019ve done enough reading, start checking around. You can learn a lot by speaking with a live person, and that’s exactly what you’ll get when call our office. If your DUI case is pending in the Metro-Detroit area, meaning in Wayne, Oakland, Macomb or one of the surrounding counties, make sure you give our firm a ring, as well.<\/p>\n

All of our consultations are free, confidential, and done over the phone, right when you call. My team and I are very friendly people who will be glad to answer your questions and explain things. We\u2019ll even be happy to compare notes with anything some other lawyer has told you.<\/p>\n

We can be reached Monday through Friday, from 8:30 a.m. until 5:00 p.m., at either 248-986-9700, or 586-465-1980.<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

Most people who pick up a 1st offense DUI do NOT have a drinking problem. That\u2019s a simple fact. However, getting arrested for drunk driving can be a wake-up call for some individuals, and an opportunity for them to revaluate their relationship to alcohol. Plenty of people ask us about getting into counseling or therapy […]<\/p>\n","protected":false},"author":4,"featured_media":7024,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[29,56],"tags":[],"class_list":["post-4275","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-dui","category-dui-1st-offense"],"acf":[],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/www.randalawyers.com\/wp-json\/wp\/v2\/posts\/4275","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.randalawyers.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.randalawyers.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.randalawyers.com\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/www.randalawyers.com\/wp-json\/wp\/v2\/comments?post=4275"}],"version-history":[{"count":1,"href":"https:\/\/www.randalawyers.com\/wp-json\/wp\/v2\/posts\/4275\/revisions"}],"predecessor-version":[{"id":8249,"href":"https:\/\/www.randalawyers.com\/wp-json\/wp\/v2\/posts\/4275\/revisions\/8249"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.randalawyers.com\/wp-json\/wp\/v2\/media\/7024"}],"wp:attachment":[{"href":"https:\/\/www.randalawyers.com\/wp-json\/wp\/v2\/media?parent=4275"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.randalawyers.com\/wp-json\/wp\/v2\/categories?post=4275"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.randalawyers.com\/wp-json\/wp\/v2\/tags?post=4275"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}