Are Michigan DUI Checkpoints Legal?

When you’re driving erratically in Detroit, police might stop you. They might think you’re driving while under the influence of alcohol or drugs. But can they set up a checkpoint to watch for impaired drivers? And if you are stopped by police on the road, what are your rights? Michigan’s drunk driving and privacy laws are complicated, and if you’re convicted of OWI charges, you could lose more than your license – you may be sent to jail, pay huge fines, and have fewer freedoms once you’ve served your time.

A Detroit DUI attorney can protect your rights and help you fight charges, especially if you were stopped at an illegal DUI checkpoint. Call (313) 818-3238 to set up a consultation with the Davis Law Group.

Why Are DUI Checkpoints Unconstitutional in Michigan?

The reason you won’t see DUI checkpoints in Michigan comes down to a fundamental protection: your right to privacy. These stops are considered a violation of the Michigan Constitution’s guarantee against unreasonable searches and seizures.

This might be surprising, as the U.S. Supreme Court actually reviewed a Michigan case, Michigan Dept. of State Police v. Sitz, and ruled that checkpoints were permissible under the U.S. Constitution. However, Michigan’s own state constitution provides stronger privacy rights for its citizens. Our state’s courts concluded that stopping every driver at a roadblock without any specific reason is an unconstitutional intrusion. Michigan is one of only a handful of states that provide this higher level of protection.

Can Michigan Police Enforce OWI Laws Without Checkpoints?

If police can’t set up checkpoints, how do they investigate Operating While Intoxicated (OWI) cases? They rely on a standard called “reasonable suspicion.”

In simple terms, an officer cannot pull you over based on a hunch or for no reason at all. They must observe a specific action that leads them to believe you have broken a law. This initial traffic stop gives them the opportunity to interact with you and look for signs of impairment.

Common reasons an officer might pull a driver over include:

• Driving Errors: Swerving across lanes, drifting onto the shoulder, braking erratically, or driving significantly under the speed limit.
• Traffic Violations: Anything from speeding or running a stop sign to having a burned-out headlight or an expired license plate tag.
• Driver Inattention: Failing to react to a green light or making an unusually wide turn.

Once you are pulled over, the officer will use their observations, such as the smell of alcohol, slurred speech, or difficulty retrieving your documents, to decide whether to proceed with an OWI investigation.

What Should I Do if I’m Stopped for Impaired Driving?

A traffic stop can be intimidating, but staying calm and knowing your rights is crucial. Here is what you should do:

Pull Over Safely and Stay Calm

As soon as you see the lights, find a safe place to pull over. Turn on your interior light at night, turn off the radio, and keep your hands on the steering wheel where the officer can see them.

You Have the Right to Remain Silent

You are legally required to provide your driver’s license, vehicle registration, and proof of insurance when asked. However, you are not required to answer the officer’s questions, such as “Do you know why I pulled you over?” or “Have you had anything to drink tonight?” You can politely say, “Officer, I prefer not to answer any questions.”

Remember – Field Sobriety Tests (FSTs) are Voluntary

The officer may ask you to step out of your car to perform a series of sobriety tests, like the walk-and-turn, one-leg stand, or following a pen with your eyes. In Michigan, these roadside tests are voluntary. You have the right to politely refuse them. These tests are often subjective and notoriously difficult to pass, even for someone who is completely sober.

Understand the Two Different Breath Tests

This is one of the most confusing and critical parts of a DUI stop.

• The Roadside PBT: The officer may ask you to blow into a small, handheld device called a Preliminary Breath Test (PBT). For drivers over 21, refusing this test is a civil infraction, not a crime, and it carries no points on your license.
• The Official Chemical Test: If you are arrested, you will be taken to the station and asked to take an official chemical test, which is usually a larger machine called the Datamaster. Under Michigan’s Implied Consent law, by having a driver’s license, you have already agreed to take this post-arrest test. Refusing it results in an automatic one-year driver’s license suspension and six points added to your record, regardless of the outcome of your OWI case.

An Arrest is Not a Conviction: Our DUI Lawyers Can Help

Being arrested for OWI can feel like the end of the road, but it is just the beginning of the legal process. A strong defense strategy can make a significant difference in the outcome of your case.

An experienced Detroit OWI attorney challenges the prosecution’s case from every angle. We investigate critical questions, including:

• Was the initial traffic stop legal? If the officer did not have valid reasonable suspicion to pull you over, any evidence gathered after the stop could be thrown out of court.
• Were the tests administered correctly? We review police reports and dashcam footage for errors in how FSTs or chemical tests were conducted.
• Was the testing equipment reliable? We scrutinize the maintenance and calibration records of the breath testing machine used in your case.

From uncovering weaknesses in the evidence to negotiating with the prosecutor for reduced charges, our goal is to protect your rights and achieve the best possible result for your future.

FAQs about OWIs in Detroit & Michigan

What is the difference between OWI and DUI in Michigan?

You’ll often hear the terms DUI (Driving Under the Influence) and OWI (Operating While Intoxicated) used interchangeably. While other states use “DUI,” Michigan’s official legal term is OWI. They both refer to the same thing: operating a vehicle while impaired by alcohol or drugs. You may also see the term OWVI, which means Operating While Visibly Impaired. This is a lesser charge that means alcohol or drugs affected your ability to drive, even if you are below the legal limit.

What are the legal BAC (Blood Alcohol Content) limits in Michigan?

Michigan has several different BAC limits that apply to drivers:

• Standard OWI: It is illegal to drive with a BAC of 08% or higher.
• High BAC (“Super Drunk”): The penalties for OWI increase significantly if your BAC is 17% or higher.
• Zero Tolerance (Under 21): For drivers under the age of 21, it is illegal to operate a vehicle with a BAC of 02% or greater.

Can I be charged with an OWI for driving after using marijuana?

Yes. Michigan’s OWI laws apply to impairment from any intoxicating substance, including marijuana. For recreational users, driving with any amount of THC in your system can lead to an OWI charge. For medical marijuana patients, it is still illegal to operate a vehicle if you are considered to be “impaired” by the substance.

If I refuse the official chemical test at the station, can I still be convicted?

Yes, you can. While refusing the chemical test means the prosecutor won’t have a BAC number to use as evidence, it doesn’t guarantee a dismissal. The prosecution can still build a case against you using other evidence, such as:

• The officer’s testimony about your driving, speech, and appearance.
• Your performance on any Field Sobriety Tests you may have taken.
• Any statements or admissions you made to the police.
• Dashcam or bodycam video footage.

Remember, refusing the chemical test also comes with an automatic one-year license suspension under the Implied Consent law.

What are the typical penalties for a first-offense OWI in Michigan?

A first OWI conviction is a serious misdemeanor. While every case is different, potential penalties can include:

• Up to 93 days in jail.
• Fines of up to $500.
• Driver’s license suspension for 30 days, followed by 150 days of restricted driving.
• Six points added to your driving record.
• Possible vehicle immobilization or installation of an ignition interlock device.

Penalties are much more severe for a High BAC offense or any subsequent OWI conviction.

Can I get an OWI conviction removed from my record?

Yes, in many cases. Thanks to Michigan’s “Clean Slate” laws, a first-offense OWI is now eligible to be expunged, or set aside, from your public record. However, you must wait a specific period (typically five years) after completing your sentence, and you cannot have any other convictions during that waiting period. Not all OWI offenses are eligible, so it’s crucial to consult with an attorney to see if your case qualifies.

Call a Detroit OWI Defense Attorney Now

While DUI checkpoints are illegal in Michigan, an OWI arrest can happen to anyone. Knowing your rights during a traffic stop is your first line of defense, but your best chance at protecting your freedom and your driver’s license is to have a skilled attorney by your side. Attorney Maurice Davis understands how stressful a DUI arrest can be, and that these charges can and should be challenged. He’s ready to hear your story and create a defense to protect your rights.

Call (313) 818-3238 or fill out our contact form to schedule your consultation and fight your OWI charge.