Most of the evidence used to prosecute drunk driving comes directly from the defendant. This doesn't have to be the case. It is important to know your legal rights and obligations. If you are stopped by a police officer, consider the following:
• Michigan law does not require you to tell the officer if you have been drinking, how much you have been drinking, or where you have been drinking. It is always appropriate to tell the officer that you would like to speak with an attorney before answering such questions.
• Michigan law does not require you to participate in any field sobriety tests. Officers typically ask individuals to walk heel-to-toe, stand on one leg, recite the alphabet, count forwards and backwards, and perform various dexterity tests. You have Constitutional protection against self-incrimination and are not required to help the officers build a case against you in this way.
• If you choose to conduct field sobriety tests, always tell the officer if there is something that prohibits you from completing the test. For example, if you have a knee or back injury, or have an ongoing physical disability, you may not be able to perform a heel-to-toe test or a one legged stand. If you are dyslexic or have a learning disability, you may not be able to successfully recite the alphabet or count backwards. If you are unable to perform a task successfully for some reason, you should decline to take the test rather than take it and perform poorly.
• If an officer asks you to take a preliminary breath test (using a hand-held device on the roadside before your arrest), and you refuse, you will not lose your driving privileges, go to jail, or even get points on your driving record simply because you refuse to take the test. Therefore, it is always important to refuse the hand-held PBT test given on the roadside before your arrest.
• Don't waive any of your rights. For example, the law gives you the right to have a blood test to confirm the accuracy of breath test results after you have been given a breath test at the police station. You should never assume that the breath test results are accurate and should insist on being taken to a hospital to obtain a confirmation blood test.
• Michigan administrative guidelines grant you the right to have the DataMaster breath test performed at the station by an individual other than the arresting officer. You should politely request that someone other than the arresting officer conduct the test.
• The DataMaster test can be deemed unreliable if there is anything in your mouth at the time of the test. Therefore, the law requires a fifteen minute observation period before you take the test. During that observation period, if you cough, spit up, or have any blood in your mouth, the test may be invalid and the observation period will have to start over.
As you can see, people pulled over for drunk driving do have some Constitutional rights. But don’t expect the police officer to tell you about most of these rights! Know your rights going in, and politely assert them at the time you are pulled over. Remember, if you act out in frustration, those actions could hurt your defense if you are charged with OWI, OWVI, or any drunk driving offense.
If you did not know about these rights and did not assert them, do not worry! At Kronzek & Cronkright, we will fight hard to protect your constitutional rights and work tirelessly on your defense. We have been practicing drunk driving defense for over 80 combined years and have earned a reputation for being tough defenders of justice!
