OUIL Attorney Troy
Searching for a Great Lawyer For Your Operating While Intoxicated Case in Troy, Michigan?
Being charged with operating under the influence (sometimes referred to as OUI, OUIL, OUID, or OUIN) is very serious, and if you're convicted, you can face tough penalties which could include incarceration, probation with strict conditions, fines and costs, driver's license sanctions, and increased insurance rates. Attorney Daniel Hilf is very compassionate to your current legal situation, he has represented many people in Troy Michigan facing this charge, and he wants to help you. Even though each case is unique, there are ways in which a experienced criminal defense attorney, such as attorney Daniel Hilf, can help you defend against a OUI charge.
With every OUI there is some circumstance that brought you in contact with a law enforcement officer - a traffic stop, an accident, a disabled vehicle, a call from a concerned citizen, etc. When it comes to a traffic stop, typically an officer needs to observe some sort of traffic citation (speeding, improper turn, invalid license plate, etc) or otherwise have a valid legal basis in order to legally pull you over. There must be probable cause for a traffic stop, meaning the officer objectively needs to have an articulable and reasonable suspicion that the driver or passenger violated the law (as long as there was any lawful basis for the stop, it does not matter if the officer used that reason or pretext for the stop). If the driver is already at the side of the road (due to an accident, or mechanical issues, etc.) an officer is generally allowed to approach and ask questions.
Once the officer comes into contact with you, he or she may make observations that might lead to an additional investigation which may include any of the following: the smell of intoxicants from your breath or body; the smell of marijuana; watery, red, or glassy eyes; issues with balance and coordination; slurred speech; open intoxicants in the motor vehicle; etc. This may lead the officer to attempt to conduct field sobriety tests (horizontal gaze nystagmus [HGN], walk and turn, one leg stand, count backwards, etc.) in order to develop probable cause that operating under the influence of alcohol occurred. If there is a proper foundation from the field sobriety tests, the officer may administer a preliminary breath test (PBT) from a handheld instrument used to determine the presence and amount of alcohol in the alleged driver's system. The totality of the officers observations may rightly or wrongly lead to an arrest for suspicion of operating under the influence. After arrest, typically a Datamaster test is administered or a blood draw conducted in an attempt to precisely determine the level of alleged intoxication.
An invalid stop is a basis for your lawyer to request the Court to suppress the evidence, and your lawyer may need to conduct an evidentiary hearing before your Judge in order for the Judge to make a determination whether or not the stop was legal in your case. Your lawyer may even attempt to challenge whether or not there was probable cause to administer a PBT test or to arrest you. Even if the arrest was lawful, there may be a basis to challenge the testing procedures that occurred as it relates to your alleged level of intoxication, or to challenge a statement that you allegedly made to the police.
There is important evidence that may aid your lawyer in the defense of your case that he or she is entitled to receive from the prosecution. Many police cars are equipped with video and audio capabilities: the video is typically from the vantage point of the front of the police car looking forward, and there is a second camera facing the rear seating area of the police car; the audio is typically from a microphone worn by the officer that is sensitive enough to record conversations the officer is engaging in. Sometimes officers also wear body cameras to preserve the officer's observations during their investigation (Troy Police typically only have the in car video and not body cameras). In many instances there is video and audio from the room where the Datamaster device is administered (the Datamaster is the breath alcohol testing device at the police station, which is viewed as scientifically accurate as long as the testing is properly conducted and the Datamaster device is properly maintained). The police are required to preserve logs relating to the maintenance of the Datamaster equipment in order to ensure its reliability, which your lawyer can obtain on your behalf.
Hire the Leading Troy Michigan Lawyer For Your OUI Arrest
The skillset of your lawyer is invaluable in the defense of your case in the following manners: the ability to effectively question and cross examine a witness; legal research ability; trial experience and ability to advocate on your behalf; the legal acumen to provide you with great advice; etc. Your OUI defense is only as good as the lawyer who is presenting your OUI defense.
The type and severity of the OUI charge prosecuted against you may depend upon a number of factors, including: the nature of the substance that you allegedly used (alcohol, marijuana, controlled substance); the level of intoxication (zero tolerance [for minors], impaired driving [OWVI], operate while intoxicated [OUI], super drunk); prior conviction(s) for drinking and driving/driving under the influence; the presence of a minor child in the vehicle during the incident in question; and whether or not an injury or death resulted from the offense. These same factors can effect the bond amount and bond conditions set by a magistrate or Judge.
There are several defenses which sometimes apply to OUI cases, in addition to the aforementioned evidentiary issues: the person charged was not actually the driver; the driver was not intoxicated; the driving in question was the result of a medical condition and not intoxication; the driver had a prescription for the substance in question and the dosage was at a therapeutic level; reasonable doubt; etc. Reasons for poor field sobriety test performance may be based upon factors other than intoxication, such as: medical conditions, injuries, poor lighting, bad road conditions, the weather conditions, inability to hear the instructions, and other valid reasons. Beyond a shadow of a doubt, the only way to present a strong and solid OUI legal defense to a Judge or jury is to have experienced and capable legal counsel in charge of your OUI defense.
In some instances, attempting to reach a plea bargain or a sentence agreement may be your best course of action for your Troy Michigan OUI case. The negotiating skills of your lawyer may play a role in your ability to receive such consideration from the prosecutor or Troy city attorney assigned to your case or your Judge. Sometimes your lawyer will have to give you proactive advice as to obtaining treatment for your condition or documentation (medical records, AA attendance, counseling, etc.) to increase your odds of receiving favorable consideration from the prosecutor or Court.
Just because you were charged with a OUI, that doesn't guarantee you'll be convicted. An OUI conviction does not always mean incarceration. When you work with Hilf & Hilf, a skilled criminal defense attorney will give you their honest advice on how to proceed with your case and instill in you the confidence that your defense is placed in very capable hands.