Written by attorney Jonathan Andrew Paul

OWI Second Offense Michigan - How to win your drunk driving case with a prior

This is how we create leverage outside of the courtroom. I've used this leverage to turn DUI cases into non-DUI cases, probation cases into non-probation cases, and saved people's career, family and possibly their life. Prosecutor's don't like to go outside of the box, but if they do, it will require currency to justify their decision.

Being proactive outside of the courtroom is going to lead to better deals with the prosecutor, and more favorable sentences from probation and the judge, but the best outcomes also have leverage inside of the courtroom, which means we need to find something within the facts of the case to push the buttons of the prosecutor a bit - create some sort of holes or uncertainly in the case.

As a defense lawyer I view DUI cases within three windows:

  1. The traffic stop
  2. The arrest
  3. Chemical tests

Traffic stop requires reasonable suspicion, an arrest require probable cause, and chemical tests must be done correctly to be admissible against my client. A full review of reports, videos, audio, and other evidence will hopefully provide us something to work with in terms of creating leverage. This could mean leverage for pretrial motion or at trial.

Defeating the stop could mean everything after the stop is inadmissible. Showing the arrest was not based on probable cause could suppress any field sobriety, statements, and chemical tests. Suppressing the blood or breath test could leave a prosecutor quite thin on evidence for trial.

The goal is not necessarily to file the motion or set for trial, because that runs the risk of losing control of the outcome or losing a plea offer, but having the leverage to proceed with either option - something more than a blanket "I'll set for motion or trial" - that's a bluff and prosecutors do not bite on those. You need to show them the leverage in a reasonable way - don't pull out your sword, just talk about the sword a bit.

Win with consensus, work toward a compromise that works for everyone. I've had prosecutors offer disorderly conduct and dismiss drunk driving because it was the right outcome, but I needed both the leverage within the evidence of the case, and my client needed to back it up outside of the courtroom.

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