What Are My Legal Rights During a Michigan DUI Stop?

What Are My Legal Rights During a Michigan DUI Stop?

Getting pulled over can be one of the most stressful moments for any driver, especially if you’re being investigated for driving under the influence (DUI). It’s natural to feel panicked, but staying calm and informed is crucial. Knowing your rights during a Michigan DUI stop could make all the difference in protecting yourself legally and ensuring a fair defense should charges be brought against you.

At Lucido & Manzella, P.C., we’ve helped countless Michigan drivers defend their rights and secure favorable outcomes in DUI-related cases. This post will walk you through your legal rights during a DUI stop so you can handle the situation wisely.

You Can Remain Silent

The Fifth Amendment of the U.S. Constitution gives you the right to remain silent when questioned by law enforcement. This means:

• You are only legally required to provide basic identifying information, such as your name, address, and driver’s license, when requested.  
• Beyond that, you do not have to answer questions like “Have you been drinking?” or “How much have you had to drink?”  

It’s important to invoke your right to remain silent politely but firmly. For example, say something like, “I am exercising my right to remain silent.” Anything you say could later be used as evidence against you, but silence cannot be used to imply guilt in court. Knowing this could prevent you from accidentally incriminating yourself.

Field Sobriety Tests Are Voluntary

Many people don’t realize this, but field sobriety tests (FSTs) are voluntary in Michigan. These tests, like walking in a straight line or following a light with your eyes, are often designed to showcase failure. Even sober individuals can struggle with these tasks due to nerves, poor balance, or fatigue.

Data shows that FSTs have an accuracy rate of only 82%, leaving significant room for error. You are within your rights to politely decline to perform these tests. Simply say, “Thank you, officer, but I choose not to participate in field sobriety tests.” By refusing, you avoid providing additional evidence that law enforcement can use against you.

Chemical Tests and Implied Consent

Michigan operates under an implied consent law. This means that by driving on Michigan roads, you have implicitly agreed to submit to chemical testing (breath, blood, or urine) if you are arrested for a DUI.

Here’s what you need to know:

• Refusing a chemical test after an arrest can result in a one-year license suspension for a first offense.
• However, this does not apply to preliminary breath tests (PBTs) commonly conducted roadside. Refusing a PBT is a civil infraction punishable by a fine, but it won’t lead to license suspension or criminal charges.

While chemical test refusal has consequences, an experienced attorney can evaluate whether the test was performed properly and challenge its validity in court when necessary.

You Have the Right to Record the Stop

Michigan law allows drivers to record interactions with police as long as it does not interfere with the officer’s duties. Requesting that the encounter be recorded or recording it yourself (using a dashcam or phone) can protect your rights. Video evidence ensures accuracy and prevents misunderstandings about what occurred during the stop.

If you feel the need to record the interaction, make sure to inform the officer that you are doing so. Transparency will reduce tension and ensure the recording remains admissible.

You Don’t Have to Consent to Vehicle Searches

Without your consent or probable cause, law enforcement does not have the right to search your vehicle. While police can conduct a limited search upon an arrest, they need either reasonable suspicion or your explicit permission for a more in-depth search.

Do not sign any consent forms allowing a search of your vehicle. Politely but firmly state, “I do not consent to a search of my vehicle.” This ensures there is no misunderstanding and helps protect your Fourth Amendment rights.

Miranda Rights Must Be Read If You’re Arrested

You’ve probably heard the line, “You have the right to remain silent…” from TV shows, but here’s when it applies in real life.

• Officers are only required to read Miranda rights if they place you under arrest.
• If you are being questioned during a stop and are NOT under arrest, officers are not obligated to inform you of these rights.

If you’ve been arrested and your Miranda rights were not read to you, any statements you made during interrogation could potentially be ruled inadmissible in court.

Why You Need an Attorney Immediately

Navigating a DUI charge is a complex legal challenge. Having an experienced DUI defense attorney by your side as early as possible can significantly impact the outcome of your case.

Here’s how an attorney helps:

• Protects your constitutional rights throughout the legal process.  
• Reviews evidence, such as chemical test results or bodycam footage, for inconsistencies.  
• Identifies procedural errors, such as lack of probable cause for the stop, which could lead to evidence being dismissed.  
• Builds a strong legal defense to minimize penalties or potentially have charges dropped.  
• Negotiates to secure a favorable plea deal or alternative sentencing options.  

Hiring an attorney shows the court that you are committed to defending your rights.

Let Us Protect You

Understanding your legal rights during a Michigan DUI stop is essential for protecting yourself. Knowing when to remain silent, what tests are voluntary, and more can significantly affect the outcome of your case. At Lucido & Manzella, P.C., we are committed to empowering Michigan drivers with knowledge and providing exceptional legal representation when they need it most. If you are facing DUI charges, contact us to safeguard your rights and achieve the best possible resolution. Being informed and proactive is your strongest defense.