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Drunk Driving in Michigan - What Every Driver Must Know

Before I get into the ins and outs of Michigan drunk driving laws and your rights as a Michigan driver, it is important to say that the best advice anyone can give a Michigan driver about drunk driving in Michigan is this: don’t ever drive if you have consumed drugs or alcohol. Drunk driving is extremely dangerous and puts the driver’s life along with everyone else’s on the road at risk. With that caveat, the rest of the article is dedicated to helpful information every driver should know if they are stopped by the police and suspected of drunk or drugged driving.

Talking to the police - DON’T

Most all drunk driving cases start with the police stopping a motorist to investigate some sort of violation of Michigan’s extensive Motor Vehicle Code. Michigan’s MVC is so stuffed full of rules that most driver’s regularly commit at least some technical violation of the law each time they drive. This is important to understand because this means that if a police officer wants to stop you because he suspects you might be under the influence he will find a reason if he follows you long enough.

If you are stopped by the police, the officer will typically explain why he stopped you and ask for your license, registration and proof of insurance. After that (or during that) he will likely begin asking you questions which are designed to elicit information he can use to: 1.). Support issuance of a traffic citation; 2.) Give him probable cause to conduct a further investigation into something else such as drunk driving; 3.) Obtain a direct confession of a crime; or 4.) Obtain consent to search your vehicle or person. Remember, the police officer is not your friend and every question he asks you is designed to help him make a case against you. Thus, you should not answer any questions which are not directly related to the reason for the stop.

Here are some common questions and suggested ways you can respond:

  • Q: Where are you coming from tonight? - I’m sorry Officer but with all due respect I would just like to keep this conversation focused on matters related to why you pulled me over. Where I am coming from doesn’t have anything to do with your belief that I was speeding.

  • Q: Have you had anything to drink tonight? - With all due respect officer, I am not interested in answering any questions or discussing anything with you that isn’t related to your concern about the status of my license plate.

  • Q: Do you have anything illegal in the car? - Officer, you said that you pulled me over because you believed I was speeding. I’ve provided you with all of my documentation necessary but I’m not interested in discussing anything further.

  • Q: Do you mind if I take a look in your car? - No, you cannot search my car. There is no reason for you to do so. I’d like for you to wrap up whatever you need to do related to your stopping me because you thought I was speeding so I may get on my way.

  • Q: Do you mind if I pat you down? - I’m sorry officer but I prefer that you not touch me.

Preliminary Breath Tests

Often times if a police officer believes that you have been drinking he will ask you to submit to a preliminary breath test or PBT. In the State of Michigan, a police officer may request that you submit to a PBT if he has reasonable cause to believe you may be intoxicated. However, you DO NOT have to agree to such a request. If you refuse a PBT the officer may issue a citation for a civil infraction but refusing a PBT is not a crime.

Because the sole purpose of a PBT is to create probable cause to conduct a further OWI investigation or arrest you for OWI, you should ALWAYS refuse to submit to a PBT if you have consumed any amount of alcohol. if you are asked to submit to a PBT simply politely tell the officer that you will not submit to a PBT.

FIELD SOBRIETY TESTS

Most people are familiar with the standardized field sobriety tests which police officers ask suspected drunk drivers to engage in. These involve doing certain tasks such as standing on one foot, walking in a straight line while counting and then turning, reciting the alphabet, the horizontal gaze nystagmus test (this is the one where they ask you to follow their finger) and other similar tests. You DO NOT have to submit to field sobriety tests and you should politely decline if an officer asks you to do so. The sole purpose of field sobriety tests is to provide the officer with probable cause to arrest you for drunk driving. Most people cannot perform many of the tests well while stone sober so they should always be declined.

Conclusion

If you are pulled over by the police just remember that everything that the officer does or says is designed to further their investigation, get you to surrender your rights or elicit a statement that can be used against you. Nothing you say or do will help you. The only thing that will help you is saying and doing nothing other than the bare minimum. If you are polite and respectful and follow the simple recommendations outlined in this article, even if you are arrested for OWI you will give your defense attorney much more to work with in court.

If you have been arrested for drunk driving and are looking for experienced legal counsel please contact attorney Philip C. Curtis today.

Philip Curtis