The Serious Consequences of a First-Time DUI in Dearborn 19th District Court - Wayne County

​Frequently Asked Questions
"What's the process if I'm caught with my first DUI in Dearborn?"

The process is always the tricky part, because this is new to the majority of my clients. Being handcuffed, stuffed into a police car, and brought to the police station is not fun. You're going to be angry, disappointed, frustrated, worried, and experiencing a whole host of emotions. You will also likely be sobering up and possibly not feeling your best from drinking. You will eventually be released by the police; you may see a judge or magistrate prior to being released, but for most first offenses, you will be released by the police either with paperwork on next steps, or no paperwork at all (which can be very confusing). This is the moment where you may start doing some research; my strong advice is anyone in this situation is to take a positive approach to the moment; realize that the event is in the past and you have the opportunity in the present and future to tell your story. You have two choices: you can sit back and let the process control you, or you can create your own path and participate actively in that process.

"What are the penalties for a super drunk driving charge in Dearborn?"

If charged with Super Drunk or High BAC, your driver's license impact will be the most unique difference between this offense and the lower OWI or Impaired. It's the difference of 45 days no driving and an interlock in your car for 320 days and avoiding those sanctions. The jail time is also more for a Super Drunk, and there is a mandatory one-year treatment requirement, which will keep you stuck on probation potentially longer than OWI or Impaired.

"In Dearborn, is there a difference between being charged with OWI and DUI?"

No, it's the same offense. Technically there is no DUI offense in Michigan, because the charge is Operating While Intoxicated. The DUI phrase just comes from accepted popular culture, just like DWI does not exist in Michigan.

"I got arrested for driving under influence of drugs in Dearborn – what should I expect?"

You should expect there to be lab testing with Michigan State Police and for the results to take a bit of time. During this time you have the option to sit back and hope for the best, which in my opinion is wasted time, or you can be proactive like my clients are proactive at every step of the process.

"Facing drunk driving charges with a child in the car in Dearborn – what are the consequences?"

So this is the child endangerment charge and has more severe impact on your driver's license and potentially more jail time. The bigger concern is the perception of the judge and prosecutor; not only did you drive drunk, but you had a child in that car with you. This is a big red flag for a judge and prosecutor who are tasked with keeping the community safe, including your own children.

While this offense doesn't make you a bad person, parent, or guardian, we certainly need to acknowledge the moment and take a step back and see the case from the perspective of others. We need to be humble, but at the same time motivated to tell our true story. You are not a dangerous drunk driver who could have killed or injured a child, you are a human being who made a very poor choice and you are lucky that nothing terrible happened. I've helped many clients in this same position and it's important to be honest with yourself, but not to simply give up. The goal is to tell your complete and full story.

With this type of charge, there is also the possibility that Child Protective Services (CPS) will become involved. This can be scary because you feel like they are trying to take your child away from you. This is not the intent of their involvement, but they are involved to make sure your child is safe going forward. My clients take this involvement seriously and use our proactive approach to update CPS and to show them their progress with the end goal being closing out their investigation.

"What does Dearborn's 'Zero Tolerance' law mean for underage drunk driving?"

So this charge is specific to clients who are under 21 years old. Essentially, the law says you can't drink alcohol if you are under 21 years old, let alone drive drunk. This specific law doesn't require a specific amount of alcohol to be guilty of the offense like an adult, which would be 0.08. This law says if you are under 21, you cannot drink anything at all and drive a car. If charged with Zero Tolerance DUI, it is important to acknowledge the under-21 law and put your best foot forward in showing a prosecutor and judge that despite your young age, you are mature enough to acknowledge the moment and assess where you are going in the future.

This charge screams "YOUNG AND DANGEROUS" to folks who are tasked with keeping the community safe. The goal is to put forth a mature approach that shows the motivation to learn and grow from a poor choice and to show the path forward. This path forward should include school, work, community involvement along with alcohol education and self-reflection; at such a young age, there is so much growing and maturing to do; the ball is in your court to put that in place.

"Is a second DUI offense considered a felony in Dearborn?"

No, a second offense is still a misdemeanor in Michigan, but carries mandatory jail time and carries potential license revocation depending upon when your last conviction lands. A third DUI would be a felony in Michigan and this is over a lifetime. I have had clients in Michigan get DUIs 20-30 years apart, but the law only counts the amount in a lifetime with no time requirement. On the other hand, the impact on your license still considers the timing.

"Can I lose my driving license for a DUI offense in Dearborn?"

Yes, depending on the type of DUI charge and your driving record, your driver's license can be impacted. This could be restricted, suspended, or revoked. It is important to speak to a DUI attorney about the potential impact on your driver's license if charged with a DUI in Michigan.

"How does the 19th District Court in Dearborn handle 'Super Drunk' DUI charges?"

The court handles them pretty seriously. I always tell my clients charged with Super Drunk in Michigan that when I was a prosecutor and did High BAC trials, my first words to a jury would be DOUBLE THE LEGAL LIMIT; that is an impactful statement. Not only were you over the legal limit, but you went DOUBLE the legal limit. Now this doesn't make you a bad person or someone who doesn't deserve an opportunity to learn and grow, but you are starting from a position of negative perception. I've had so many chats with prosecutors and judges who bring up this DOUBLE issue and it is hard to get over.

Most of the time, this level of alcohol will push a judge to consider jail, tethers, enhanced supervision, etc. Same for a prosecutor who may not offer any deals or bargains because their office has a policy or hardline on Super Drunk cases.