The Criminal Defense Law Center of
West Michigan

Sobriety Court

Being arrested for drunk driving is a frightening experience to go through. This experience is even more difficult to face when a person is being charged with a DUI for a second or third time. Every time you get convicted for drunk driving in Michigan, the penalties you face increase. Jail or prison time is probable every single time you face a charge greater than first offense DUI. The loss of your driver’s license is something that is certain to happen. A way to minimize the damage is to go to sobriety court.

The first thing your attorney should do when you are arrested for drunk driving is to gather all discoverable material related to the case. Next, your attorney should examine this material and then determine if your case can be won. Your attorney may discover that the stop was bad and that your case can be thrown out. Your attorney may discover a factual issue that may give you a great chance at getting a not guilty verdict at trial.

In some cases though, the factual basis to convict a person for a DUI is strong. Your attorney may not discover any good legal issues available to dismiss your case or win it at trial. When this happens, your attorney needs to find out what options are best to minimize the negative impact of your drunk driving conviction.

This Specialty Court Can Be A Good Option

For residents of Allegan and Kent counties, people who are charged with a second offense drunk driving charge have the option of seeking treatment in Sobriety Court.

How To Be Eligible For Sobriety Court

Here are the requirements a person must meet to get into Sobriety Court:

  1. Must be 17 or older
  2. Must enter the program voluntarily and admit they have substance abuse problems.
  3. Must be a resident of the county the Sobriety Court is offered in.
  4. Must not suffer from any mental health issues that will keep them from being able to successfully complete Sobriety Court.
  5. Must be willing to actively abide by the Sobriety Court Program guidelines;
  6.  Must have been convicted for an offense that qualifies for this specialty Court such as a second offense DUI.
  7. Must be approved to enter sobriety court by the prosecutor if this is in Ottawa County.
  8. Must not have a pending charge in another county.
  9. Must not have been thrown out of Sobriety Court before.
  10. Must not show a history of failing probation in another county.

Benefits Of Sobriety Court

  1. A person who enters this specialty Court has a better chance of staying sober long term.
  2.  A reduction of jail or prison time.
  3. A better chance of getting your driving privileges back faster. A person may be able to get a restricted license in 45 days if they are in this specialty Court.

Sobriety Court

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