Michigan Criminal Attorneys Blog
Being charged with driving under the influence is a very serious, and if you’re found guilty, you can face tough penalties. The attorneys at Hilf & Hilf are compassionate to your current legal situation, and we’ve represented many people that were facing similar charges. Even though each case is unique, there are a few ways in which a criminal defense attorney can help you defend against a DUI charge.
Before you can even be charged with a DUI, you must be pulled over. Officers should only pull you over if there is “reasonable suspicion.” So, a cop can pull you over if there is an indicator of alcohol impairment. For instance, if you are driving in an unusual pattern, they might pull you over. However, this could be caused from a mechanical defect or other road conditions. Even if your eyes are glassy, watery or bloodshot, that could be because you were extremely tired and not due to alcohol impairment. An officer might conduct a field sobriety test to determine if you were impaired. However, police officers are only human and can make mistakes with the field sobriety test. Since this test is subjective, it can be fought in court. Cops can also make mistakes with the documentation. If the documents were not properly filled out, that could be a way for you to challenge the DUI charge.
While technology can be a good thing, sometimes it’s inaccurate or even used incorrectly. Even if you failed the Breathalyzer test, the results could be inaccurate, so it can be challenged in court. There are procedures that must be followed by the police to allow for the admission at trial of a data master test result. If those procedures were not properly followed, it may be a basis for the dismissal of the case. There are times when you are taken to the hospital and they conduct a urine or blood test. Michigan has strict DUI laws, protocols and procedures that police officers must follow when conducting any test. Even experienced police officers can make mistakes when they are conducing these tests. If you hire an attorney from our firm, we will walk you through the process to determine whether the officers followed protocol. If they failed to follow procedures, then we have a chance at dismissing your DUI charge in court.
In most cases the defense lawyer can obtain an in camera video of the DUI arrest to make a determination of the best defense to the charge. Likewise, the data master tests are often recorded by video, which gives the defense lawyer the opportunity to see if the correct protocol was followed.
Sometimes a trial is required to get the right result. There are reasons why someone may appear to be under the influence that is not related to drinking or drug use. Sometimes the best way to receive a just result is to let a jury make their determination.
Just because you were charged with a DUI, that doesn’t guarantee you’ll be convicted. When you work with Hilf & Hilf, a skilled criminal defense attorney will give you their honest advice on how to proceed with your case. Don’t wait to give us a call if you’re facing DUI charges. Contact us today!