A second offense DUI conviction in Michigan is a misdemeanor. However, the second offense adds additional issues such as mandatory jail time depending on the timing of the second offense in relation to the first offense DUI. A first offense does not have a mandatory jail sentence; nevertheless, it is often given.
Second offense DUI charges are heard at the 48th District Court in Bloomfield Hills. If charged with such this offense, a person should consider hiring a skilled attorney. A Birmingham second offense DUI lawyer may prove to be the best person to hire to defend you from potential penalties.
Prosecution’s AttitudeThe major issue in a second offense Birmingham DUI case is that the prosecutor is a state prosecutor. Birmingham DUI cases are prosecuted by the Oakland County Prosecutor’s Office. Jessica R. Cooper is the Oakland County Prosecutor and takes a hard-line stance when it comes to drunk-driving second offenses. A person may need to hire a dedicated attorney such as a Birmingham second offense DUI lawyer to help you with your case.
Courts Treatment on Second Offense DUIThere are two schools of thought in Michigan when it comes to second offense drunk driving issues. When a person commits the second offense within a short amount of time, the suspicion is that the person has a problem with alcohol. One perspective shared by sobriety courts is that the best way to treat the issue is to make sure that the person is put into an intensive supervision period to assist them in achieving and maintaining sobriety. Once the person achieves sobriety, the goal is to have them continue down their path of sobriety, hopefully for life.
The idea is to make the person accountable and inform them that they are going to be monitored closely. The person participates in activities such as Alcoholics Anonymous and counseling to give them the tools they need to recognize that they are alcoholics and are able to avoid alcohol in the future. This can be negotiated with the help of a Birmingham second offense DUI lawyer.
The other school of thought, that is prevalent in the 48th District, is that drinking is a choice. Since it is a choice, the court can punish the person for making the wrong choice. The court makes the choice so painful that the person is dissuaded from making that choice going forward.
There is a great deal of punishment as opposed to counseling in an effort to try to stop someone from drinking. That is not to say that counseling and education are not recommended or highly suggested. They are not as mandatory and are not as closely monitored. Instead, the court uses the threat of jail and incarceration up front to dissuade people from drinking.
Second Time Charges in Comparison with First Time ChargesOn the second offense, at the court level, the prosecutors, judges, and probation officers assume that the person has a problem with alcohol and they are an alcoholic. When a person denies that they are an alcoholic, it is likely that the authorities believe the person is an alcoholic in denial. When it comes to making decisions based on whether somebody could benefit from a counseling program or an intensive program such as an intensive out-patient or in-patient program, the judges lean more heavily on extensive treatment.
With the first offense, the person might attend a simple educational class to deter them from drinking and driving in the future.
The focus is on avoiding alcohol or drugs on a second offense. There is more intensive supervision even though there are no sobriety courts that want to push forward on the counseling. The court has the person participate in more extensive counseling, but their main focus is on punishment so the behavior does not occur again.
Hire a Birmingham Second Offense DUI AttorneyThe are many benefits of having a Birmingham second offense DUI lawyer represent you. An attorney may be able to not only provide you with the legal counsel you deserve, but an attorney can work with the judge to have your penalties reduced. This is especially important in a second offense DUI case since the penalties are more severe in comparison with a first offense DUI. Speak with a qualified lawyer today if you wish to build a strong defense.