Jail on a First Offense Operating While Intoxicated
Several judges in Michigan are making a name based on how tough they are on defendants convicted of a first offense OWI.
There are judges in Southeastern Michigan who routinely sentence first-time offenders to jail.
The Honorable Kim Small in the 48th Judicial District Court in Bloomfield Hills, for example, has a reputation for sentencing first offense OWI offenders to serve time in the Oakland County Jail. A few lawyers have successfully got Judge Small not to order jail time, but they are few and far between. Judges Nicholson and Assadorian, in the 52-3 District Court in Novi, are somewhat infamous for their harsh treatment of those convicted of OWI cases.
Great DUI defense attorneys who are known for their trial skills and ability to handle trials on OWI cases successfully are generally able to achieve plea bargains and dismissals. Other, less proficient criminal defense lawyers or general practice lawyers cannot get similar results for their clients. Although not common, plea bargains to reckless driving, careless driving, and other non-alcohol-related offenses are possible under the right circumstances.
Even with the toughest judge, it is possible to avoid a jail sentence on an OWI First Offense.
Facing sentencing before a judge who is known to impose jail time regularly is scary. The best OWI/DUI defense lawyers know that the best way to avoid a jail sentence is meticulous and thorough preparation and knowing what that particular judge finds compelling. Every judge is different, and each one likely has different beliefs, priorities, and philosophies on alcohol/drug treatment, deterrence, and punishment. Lawyers who know a judge’s proclivities stand the best chance of influencing the judge and persuading him or her to focus on rehabilitation, as opposed to punishment or deterrence.
The most effective and successful attorneys will proactively guide their clients so that they can appear in the best light possible for sentencing. Also, an experienced OWI/DUI lawyer will leave nothing to chance and will use every trick of the trade to present credible, compelling evidence demonstrating why a sentence, other than jail, is in the best interest of the client and the community. If the sentencing is handled exceptionally, the defendant might be able to avoid jail for a first offense OWI, even when the judge takes the bench intent upon imposing incarceration.
Experienced Criminal Defense Lawyers
Although most OWI cases, especially first offense OWI cases, get resolved with plea bargains, some cases have to go to trial. For example, the attorneys with LEWIS & DICKSTEIN, P.L.L.C., recently represented a doctor charged with OWPD (Operating While Under the Influence of Drugs). They took the case to a jury trial in the 48th Judicial District Court in Bloomfield Hills. The verdict was not guilty! Trial Attorneys and the criminal defense attorneys at LEWIS & DICKSTEIN, P.L.L.C., have successfully defended hundreds of OWI cases, with several resulting in not guilty verdicts at trial and several resulting in plea bargains to non-alcohol-related offenses and dismissals.
Other courts and judges in Oakland County are notorious for severe sentences on OWI and MIP (Minor in Possession) cases. Lawyers who do not frequently practice OWI defense in Oakland County will occasionally refuse to take a case in that jurisdiction because they know they cannot achieve comparable results.
Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you and, most importantly,
we are not afraid to win!
