Michigan DUI Arrests – No Checkpoints, but Plenty of Enforcement

A drive home after a night out can take an unexpected turn when law enforcement stops a vehicle to assess impairment. Officers may ask drivers to perform field sobriety tests or provide breath samples, and even minor missteps can lead to serious consequences such as fines, license suspension, or jail time. Even though Michigan does not have DUI checkpoints or roadblocks, understanding the state’s DUI laws and how they are enforced is helpful.

In Michigan, the actual term for what every calls DUI is “Operating While Intoxicated,” or “OWI,” for short

Understanding Michigan DUI Enforcement Without Checkpoints or Roadblocks

Michigan has over 7.2 million licensed drivers who may or may not be clear on whether DUI checkpoints are lawful in our state. Many states, including Michigan, do allow sobriety roadblocks where police systematically check drivers one by one to see if any of them have been drinking or using drugs.

Some argue that DUI checkpoints could cut down on DUI-related crashes, which numbered 8,817 collisions in 2023. In Sitz v. Department of State Police (1990), the Michigan Supreme Court ruled that sobriety checkpoints violate the state constitution, making them illegal.

This decision means that law enforcement cannot set up random roadblocks to stop drivers and check for intoxication. So, although 40% of fatal crashes in Michigan involve a driver who is under the influence of drugs or alcohol, the police simply cannot set up sobriety roadblocks. At least here, in Michigan, a person doesn’t have to stop for no reason and then prove his or her innocence.

Even so, the police still actively enforce Michigan’s DUI laws. Sometimes, this happens through “stepped up” road patrols (this often occurs around holidays). Officers will be on the lookout for impaired drivers and pull them over if they have reasonable suspicion to believe a person is intoxicated, or a traffic law has been broken.

Procedures Police Must Follow When Detaining a Driver

Police will always conduct roadside sobriety tests if they believe a driver is impaired. In order for a DUI stop to be lawful, the arresting officer must follow certain very important steps.

• Officers must have reasonable suspicion to pull someone over.
• Field sobriety tests must be administered correctly.
• Breathalyzers should be carefully calibrated before a test is conducted.
• A DUI arrest, requires probably cause, even before a breath or blood tests is administered.
• Drivers must be advised of their chemical test rights.

If any of these procedures are violated or not followed, we can often use such procedural errors or violations of the US Constitution to challenge the DUI evidence in court. As Michigan DUI lawyers, we know exactly how to do that.

Your Rights at a DUI Stop in Michigan

Even though DUI checkpoints are not legal in the Great Lakes State, the police officer can’t simply pull you over and obtain evidence illegally or violate your rights. Knowing your rights is an important first step for protecting yourself from an unlawful arrest:

You have the right to remain silent. Drivers are not required to answer questions about alleged drug or alcohol use. Police often try to pressure or trick drivers into incriminating themselves. Be polite and identify yourself if asked, but you don’t have to answer anything pertaining to possible alcohol consumption.

You also have the right to ask for an attorney before answering any questions.

You have the right to refuse a field sobriety test. There are no civil or criminal penalties for refusing a field sobriety test, but failing to take a preliminary breathalyzer test (PBT) at the side of the road (or wherever you have been pulled over) is a civil infraction that carries a fine.

However, if you refuse a breath or blood test after arrest, Michigan’s Implied Consent law means that your driver’s license will be suspended for a year, unless you successfully challenge the refusal at the Secretary of State level.

Fortunately, even if you don’t do that, or you lose, we can go to court and petition for a restricted license. To date, our firm has a 100% success rate in Implied Consent court appeals.

FAQs

Call us for a Free Michigan DUI Consultation Today

A DUI arrest does not automatically mean you’ll be convicted. Michigan law requires officers to follow strict legal procedures during the investigation, and any violations of your rights could make the evidence against you inadmissible. If officers lacked reasonable suspicion to stop you, failed to follow proper protocol, or conducted an unlawful search, your case may be challenged.

The goal in every DUI case is to either get it dismissed entirely, or to at least negotiate an outcome that avoids as many of the legal penalties and negative consequences as possible.

Ultimately, success in a DUI case is best measured by what does NOT happen to you.

At Jeffrey Randa and Associates, we have decades of experience defending DUI cases in the Greater Detroit area. We will carefully examine every detail of your stop and the evidence to identify potential constitutional violations or procedural errors that could strengthen your defense. With our team on your side, you’ll be in good hands.

Contact our office today for a free, confidential consultation, done over the phone, right when you call. We are very friendly people who will be glad to answer your questions and explain how we can fight your DUI charge and help protect you, your rights, and your future.