What Should You Do if Pulled over for Drunk Driving in Michigan?

Patrick, one point is, and the truth of the matter is when they get to your office it’s too late for that  point, but in your book you talk about the fact that there’s certain things that should be done or should not be done if you’re pulled over and stopped by a police officer with regard to suspension of driving while impaired or drunk.  What are some of the things that should be done at that point, which is before they even met with you?

Ok.  You mean what should the police do or what should the client do?  The client.  Ok, we are all protected by constitutional rights and there are limits to what the police can and cannot do at the road side.  There are also limits to what type of information you are required to give to the police.  Of course, you want to be polite, there is no question about it.  You want to treat the authority figure, the police officer, with dignity and respect that they deserve.  Treat them in a safe way so that you don’t make them worried that you are going to interfere with their safety. 

You also want to limit the amount of information that their collecting.  That’s really what they’re doing.  They are investigation the suspicion of a crime.  Once they smell the odor of alcohol on your breath they’re immediately going to begin and suspect that they have a drunk driver.  They are going to try and collect information that is consistent with that.  You really only need to provide them with your drivers license, registration, and proof of insurance.  You don’t need to provide them with any information about where you were, how much you had to drink, and you don’t even have to provide them with any field sobriety exercises or field tasks at the roadside.  You can refuse to perform those.  They are also going to ask you to blow into a breath machine, or road side breath test, and you have a right to refuse that as well. 

What if someone refuses to do the sobriety test and refuses to blow into the breath machine?

It’s important that your viewers understand that there’s a big difference between the roadside breath test and a breath test that they may be asked to take back at the station.  Let’s talk about the difference between those two.  The one at the roadside, you can refuse to take that one.  If you do that, you prevent the police from collecting important information that they can use to justify the arrest.  The only sanction that the state can impose on you for doing that is a fine.  There is no point loss and driver’s license sanction, it’s really just a fine. 

On the other hand if you are arrested and asked to take a breath test back at the station and you refuse that one, then your license can be suspended for a year. That’s a hard suspension with no driving, unless you appeal it.  It is appealable, but generally speaking you are going to get 6 points on your record and you are going to be without a driver’s license for a year.   Your viewers need to understand that distinction.  As far as at the roadside you can refuse to take the field test and you can refuse to take the breath test.  If you do that, you will be in much better shape in defending the case in the long run.

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