Jail on a First Offense Operating While Intoxicated
Several Michigan judges are making a name for themselves by being tough on defendants convicted of first offense OWI.
There are judges in Southeastern Michigan who routinely sentence first-time offenders to jail.
For example, the Honorable Kim Small in the 48th Judicial District Court in Bloomfield Hills is known 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. The Honorable Lisa Asadoorian, in the 52-3 District Court in Rochester, and Judge Robert Bondy, in the 52-1 District Court, are somewhat infamous for their harsh treatment of those convicted of OWI cases.
Great DUI defense attorneys, known for their trial skills and ability to successfully handle trials on OWI cases, can secure the best plea bargains and, sometimes, dismissals. Other, less proficient criminal defense or general practice lawyers cannot get similar results for their clients. Although not common, plea bargains from OWI to reckless driving, careless driving, and other non-alcohol-related offenses are possible under the right circumstances.
Even with the harshest judge, avoiding a jail sentence on an OWI First Offense is possible.
Facing sentencing before a judge known to impose jail time regularly is scary. The best OWI/DUI defense lawyers understand that the best way to avoid a jail sentence is to thoroughly prepare and know what that particular judge finds compelling. Every judge is different, and each 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 them to focus on rehabilitation instead of 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 client’s and the community’s best interest. 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 must 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 cases. Lawyers who do not frequently practice OWI defense in Oakland County refuse to take cases there because they know they cannot achieve favorable results.
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