Michigan Driver Rights in OWI / Drunk Driving Arrests & Stops
Your rights as a driver if you have been pulled over or charged with Drunk Driving
Being a Michigan motorist, you have certain rights that come with your State of Michigan driver’s license. You have a right to:
- Refuse to answer ALL questions except general identifying questions, such as your name, address, etc.
- Refuse to answer ALL questions about alcohol consumption
- Refuse to take ALL field sobriety tests
- Refuse to take preliminary breath test on the roadside if you are driving a car. This is a civil infraction only -- no jail, no points, no license suspension
- Refuse to voluntarily consent to a police search of your car
In order to protect your license, you should:
- Never drive after drinking an alcoholic beverage
- Never resist arrest
- Protect ALL of your rights
- Quickly and easily give the police your license and registration
- Promptly tell the police that you do not want to answer questions without your lawyer being present
3 Biggest Mistakes Made By Drivers Who Have Been Drinking
1) Driving after drinking. This is a huge mistake even if you are not over the legal limit. However, if you do choose to drive after drinking, speak to an experienced drunk driving defense lawyer before answering any questions by the police.
2) Answering questions asked by the officer during the drunk driving stop. Simply provide your license, registration, and proof of insurance. In response to questions, your best answer is "I will answer no questions until I can talk to my lawyer."
3) Agreeing to take the hand-held roadside Preliminary Breath Test. Refusing a roadside PBT is a civil infraction with no points and no criminal conviction. Likewise, there is no requirement to submit to field sobriety testing or to allow the officer to look into your eyes. After your arrest, you are usually better off to take whatever chemical test - breath or blood - the police officer requests, or your driving privileges will be suspended. There are only very limited circumstances when refusing to take a breath test after being arrested is advisable.
If you have been arrested for drunk driving, this is not the ned of the road. The attorneys at Kronzke & Cronkright, PLLC have been defending clients against DUI / OWI / OWVI charges aggressively for the past decade. Call us to set up your free initial consulation: (517) 886-1000.
