Being arrested for OWI can be frightening. You may be worried about how a drunk driving conviction will affect your life. You may already understand that having a criminal record can haunt you for the rest of your life, creating collateral consequences that can affect your housing, employment, and even travel.
If you were subject to a DUI arrest in Michigan, talk with a Michigan DUI lawyer as soon as you can. You deserve clear answers and a plan you can follow. At Michigan Defense Law, our team can listen to your story, explain your options in plain language, and look for every defense that fits your situation. Common misconceptions regarding field sobriety tests can hurt a case, so get guidance before you make decisions or speak with the prosecutor.
Call Michigan Defense Law at (248) 451-2200 today. We can answer your questions and help protect your rights and your freedom.
Most officers know they need reasonable suspicion to pull you over. They might not admit they stopped you without a solid reason. That is why it helps to have a defense lawyer look into the circumstances of the initial stop, as well as the events leading up to the DUI arrest. As soon as you are pulled over and an officer comes up to the car window, the officer starts looking and listening for signs that point to alcohol use.
From that point on, every question and every request is about building a case for probable cause to arrest you. Most interactions with police are recorded either by their in-car video system or a body camera. These videotapes usually preserve the evidence that either creates the defense or causes an accused drunk driver to seek a plea bargain. Obtaining the videotapes early, and before they may be mistakenly erased, is important to a valid defense.
Under the Fourth Amendment, a police officer must have probable cause to arrest you. A warrant is not usually required at the roadside, so the officer will look for facts that support a warrantless arrest. You may be asked to do field sobriety tests. That can mean saying part of the alphabet, standing on one leg, doing a walk and turn, and then blowing into a preliminary breath test device, often called a PBT, to “make sure you are ok to drive.”
Field sobriety tests are not necessarily reliable, and there are ways to challenge their validity and whether they were properly administered. Your legal team would need to look at whether the administration of the tests was appropriate and reliable. In some cases, for instance, a person’s medical condition may affect their ability to pass the test, and this calls into question whether the stop was valid. The portable breath test (PBT) estimates breath alcohol level. In Michigan, the per se limit remains 0.08%, and an over-limit reading often results in arrest.
For non-commercial drivers aged 21 and over, refusing a roadside PBT is a civil infraction that typically results in a fine and no points. However, the penalties differ for other drivers. Commercial drivers who refuse face a misdemeanor and a 24-hour out-of-service order, while drivers under 21 receive 2 points for a refusal. Deciding to take the test or not is specific to your facts, and we can walk you through the risks and options.
Following a lawful arrest, officers typically use an MSP-approved evidential breath instrument at the station or seek a warrant for a blood draw. This evidential test is the official test that will be used against you in court. The PBT is not admissible in trial except in certain circumstances and is generally only used as a piece of evidence to determine probable cause to arrest.
As part of your defense, we can look closely at whether the results from this breath or blood test may be challenged. Michigan has administrative rules for these tests. Procedures must be followed, and equipment must be calibrated and maintained the right way. We can review logs, training, and maintenance records to confirm that the device and process were up to standard.
Michigan law does not set a strict time limit for giving a chemical test. Delays tend to go to the weight of the evidence instead of automatic exclusion. For blood tests, a lab measures alcohol with a chromatograph. Your blood is drawn, mixed with reagents, and separated so the alcohol level in your sample can be calculated.
Here’s what happens between your arrest and release in Michigan. Once a local officer decides to arrest you for OWI, you’ll be taken to a police station or county jail for processing.
There you’ll be asked to take an evidential chemical test. Most departments now use the Intoxilyzer 9000 and must observe you for at least 15 minutes before collecting a breath sample. If a breath test isn’t practical or you refuse, they may obtain a warrant and take you to a hospital for a blood draw. While you wait, an officer records your personal details, takes your photo, and logs your belongings. After testing, you’ll be fingerprinted. Michigan law requires fingerprints in cases punishable by more than 92 days.
Expect to be held until you are sober enough for safe release. How long you stay depends on your BAC and the jail’s policies. Some departments release once you drop below the legal limit. Others wait for a 0.00 reading or require a magistrate to approve release, which can mean extra time on weekends and holidays.
A lawyer can help you from the moment you’re booked. You can get guidance on what to say and what to decline during booking. Counsel can review whether the breath or blood test followed the required procedures, including the observation period rules that affect admissibility, and move quickly for a prompt release or reasonable bond. Early involvement also preserves video, testing records, and policy logs from the jail that can make or break your case later.
Michigan’s OWI statute and court materials frame the charges you face after booking. Knowing that legal backdrop helps us plan next steps as soon as you are out.
Paul delivers strategic, client-focused DUI defense built on persuasive advocacy and a calm command of the courtroom, staying laser-focused on outcomes that protect liberty and future opportunities.
Guided by a deep respect for the justice system and informed by previous experience, David crafts thorough DUI defenses and keeps clients informed at every step.
When evidence is not obtained with due regard for procedural and constitutional requirements, it can be challenged. We may be able to bring a motion to suppress evidence obtained after an illegal stop, which was based on an unreasonable search and seizure. Even if we cannot get evidence from an illegal stop suppressed, we may be able to get evidence from an unlawful arrest suppressed. Like other crimes, a DUI needs to be established beyond a reasonable doubt. This is a tough standard if the prosecution has problems with any of their evidence.
A prosecutor may be more amenable to a favorable plea deal if we can get evidence obtained after an unconstitutional arrest suppressed. Even if it is not possible to suppress the evidence, and we need to take it to trial, when a jury decides that it cannot trust the results of a chemical test obtained after an arrest, it may acquit due to a reasonable doubt. Overall, our discovery process and investigation into your case will provide you with peace of mind that all reasonable steps to defend you and obtain the best result possible have been taken.
Many people fail to consider the long-term collateral effects of having a DUI on their criminal records. A drunk driving conviction in Michigan can result in imprisonment and strict probation.
Michigan now allows a first OWI conviction to be set aside or expunged under certain conditions, generally one lifetime OWI set-aside, not available if the offense caused injury or death, and only after at least 5 years from the later of sentencing, completion of probation/parole, or release from incarceration.
Because a DUI is technically under the motor vehicle code and not the criminal code, a judge cannot prevent the Secretary of State from suspending or adding points to a person’s driver’s license after a drunk driving conviction. DUI charges are also not eligible for deferral programs, youth offender programs, or stay-out-of-trouble programs.
These are all just collateral effects that most people fail to consider after being arrested for drunk driving. Even for first-time offenders, these consequences can have lasting effects on a person’s record, and they will have to answer for the rest of their lives.
Speaking to an experienced DUI attorney is very important if you are arrested for a DUI charge. A skilled lawyer may be able to help you explore all the possible options to protect your rights and your freedom. At Michigan Defense Law, attorney Paul J. Tafelski and his team of experienced DUI lawyers have years of experience working with clients who are facing DUI charges.
| Stage | Description |
|---|---|
| Traffic Stop / Initial Observation | Police must have "reasonable suspicion" of criminal activity (e.g., erratic driving) before pulling a driver over. Observations by the officer commence the evidence-gathering process. |
| Probable Cause & Field Sobriety Tests | Officer looks for probable cause using tests like walk-and-turn, one-leg stand, alphabet recitation, or Preliminary Breath Test (PBT). The PBT isn't trial-admissible, but helps establish probable cause. |
| Formal Arrest & Chemical Testing | After arrest, the officer may administer an official Datamaster breath test or order a blood draw. These are the admissible chemical tests used in court. |
| Challenging Evidence | Defense can challenge field test validity and test administration (e.g., improper calibration, medical conditions). Motions to suppress evidence may be filed if constitutional procedures weren’t followed. |
| Criminal Record & Collateral Effects | A DUI conviction in Michigan cannot be expunged, is not under the criminal code, and may result in license points, suspension, or disqualification from deferral or youth programs. |
If you face a DUI arrest in Michigan, it is imperative to retain a knowledgeable DUI defense lawyer. At Michigan Defense Law, our seasoned attorneys can find the best possible strategy to yield a favorable result for our clients. Michigan Defense Law represents people in Oakland, Wayne, Macomb, and Washtenaw Counties.
Contact us at (248) 451-2200 or use our online form.
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