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If you are facing DUI charges in Michigan, there is a lot at stake. Your driving privileges, freedom, and ability to find employment can all be compromised. In addition to potential jail time and hefty fines, a conviction often leads to increased insurance premiums and a permanent criminal record.
Legal Quick-Fact: In Michigan, you have the right to remain silent and the right to refuse voluntary roadside tests. However, once you are arrested, Michigan’s Implied Consent Law mandates chemical testing (breath, blood, or urine). Knowing the difference between these stages is critical to your defense.
Sadly, many people aren’t aware of their rights when they are pulled over by police. While hiring a DUI lawyer to represent you in court is vital, the actions you take during the initial traffic stop can make a major difference in whether the prosecution has enough evidence to secure a conviction.
What Should I Say to Police During a Traffic Stop?
What you say to police during a traffic stop can—and will—be used against you. Answering seemingly innocuous questions can lead to further suspicion that you may have been driving while intoxicated. Under Michigan law, your obligations are limited:
- Identification: You must provide your name, driver’s license, vehicle registration, and proof of insurance.
- Silence: You are not required to answer questions regarding where you are coming from, where you are going, or whether you have been drinking.
When asked how much they had to drink, many people make the mistake of saying, “I just had one drink.” This statement provides the officer with the “probable cause” needed to justify an arrest. It is often better to politely state that you are exercising your right to remain silent until you have spoken with an attorney.
Am I Required to Take a Field Sobriety Test?
Standardized Field Sobriety Tests (SFSTs) are highly subjective and often provide unreliable evidence. These typically include the Horizontal Gaze Nystagmus (eye test), the Walk-and-Turn, and the One-Leg Stand.
You are not legally required to take a field sobriety test in Michigan. These tests are voluntary, and refusing them does not carry any legal penalties or driver’s license sanctions. Declining these tests limits the amount of subjective evidence the officer can use to justify an arrest.
Should I Take a Preliminary Breath Test (PBT)?
If an officer suspects you were driving drunk, they may ask you to blow into a handheld Preliminary Breath Test (PBT) device at the roadside. It is important to distinguish this from the “official” chemical test at the station.
- Refusal Consequences: Refusing a PBT is a civil infraction, not a crime. It typically results in a fine (approximately $150 plus court costs) but adds no points to your license and does not trigger an automatic suspension.
- Admissibility: PBT results are generally not admissible in court to prove your BAC, but they are used to justify an arrest.
Should I Take a Chemical Test After Arrest?
Once you are under arrest, the rules change under the Implied Consent Law. The officer will request a chemical test (usually an Evidential Breath Test at the station or a blood draw). While you can still refuse, the consequences are severe and administrative:
- Automatic License Suspension: A one-year suspension of your operator’s license for a first refusal.
- Driving Record Points: 6 points added to your driving record.
- Search Warrants: If you refuse, police will almost certainly seek a warrant from a judge to perform a forced blood draw anyway.
If you have refused a chemical test, you have only 14 days to request a hearing to challenge the suspension. Failure to act within this window results in an automatic loss of your license.
How Can a Lawyer Help Me Fight DUI Charges?
Knowing your rights is the first step to beating a charge; a strategic legal defense is the second. A competent attorney can challenge the validity of the traffic stop, the calibration records of breath test devices, and the procedures used during a blood draw.
The attorneys at Manley & Manley have over 70 years of combined experience fighting for Michigan drivers. We understand the nuances of Implied Consent hearings and criminal OWI litigation. To protect your future, contact our Flint law office today for a free case evaluation at (810) 258-8112.