Michigan Drunk Driving Attorneys

Our firm handles drunk driving cases statewide and has the experience necessary to protect your rights and provide you with a zealous defense.

Alcohol driving offenses are very serious and have long-range adverse consequences for your driving privileges and automobile insurance rates including jail and/or prison, fines and costs, probation, community service, vehicle forfeiture and/or immobilization.

What should I do if I am stopped in Michigan after I have been drinking?

The best advice is to not drive after you have been drinking. However, consuming an alcoholic beverage and then operating a motor vehicle in and of itself is not a criminal offense. It only becomes a criminal offense if you have drank too much.

If you are stopped by an officer after having consumed an alcoholic beverage, you should follow the following guidelines:

• When responding to an officer’s signal to stop, you should pull to the side of the road as quickly as possible without jeopardizing the safety of you or any other person or property.
• You should stay in your vehicle and be polite and courteous.
• You should not answer any questions regarding whether you have been drinking, where, or how much was consumed and, if asked by the officer, your reply should be “I respectfully decline to answer any questions without my attorney being present”.
• You should respectfully decline to perform any field sobriety evaluations that may be requested. These evaluations are voluntary and there is no penalty for refusing to submit to them. These tests include, but are not limited to:
  • recitation of ABC’s
  • Counting forward or backward 
  • Finger-to-nose
  • Walk-and-turn or heel-to-toe
  • One-leg stand
  • Horizontal gaze nystagmus
  • Finger count
• You should respectfully refuse to submit to any preliminary breath test offered at the side of the road. Refusal of a preliminary breath test is not a criminal offense. It is merely a civil infraction punishable by a fine, similar to any other traffic violation.
•  You should indicate to the officer that if you are to be given a citation then to please proceed with that so you may be on your way and that if you are free to go, you wish to leave immediately. If you are placed under arrest, do not consent to any questioning or submit to any test without first speaking to an attorney.
• If the officer requests a chemical test after placing you under arrest, excluding a preliminary breath test, you should consent to the officer’s request – as an unreasonable refusal will result in a one year suspension of your driving privileges and six points on your driving record. If you have any questions regarding the test, you should request to contact an attorney before responding to the officer’s request. After submitting to the test, you should request an independent chemical test.
• You should contact our office as soon as possible at 1-800-250-FRED (3733) 

How can I avoid a drunk driving arrest in the future?

• Don’t drive after drinking.
•  Keep a copy of our business card with you at all times.
• Do not drive a motor vehicle with defective equipment.
• Do not commit unnecessary traffic violations such as speeding, failure to use turn signals, failure to come to a complete stop, etc.
• Do not get out of the car once you are stopped.
• Do not have the radio playing.
• Tell your passengers to say nothing and look straight ahead.
• Keep your driver’s license, registration and proof of insurance accessible and, when the officer requests these items, hand them to him without saying anything.
• If the officer asks you if you were aware of your traffic violation, do not argue, simply say “I did not know”.
• Do not volunteer any information
• If asked to step from your vehicle, do so slowly and directly and avoid touching or holding on to your car.
• While in contact with the officer, breathe through your nose and not through your mouth.
• You should not keep anything suspicious and/or that may arouse the officer’s attention or concern within the interior of your car that would be in plain view.
• If you receive a citation, do not argue or ask any questions.
• If possible, wait for the officer to leave before pulling away from the traffic stop.
• Pull into the next gas station, convenience store, or other public place and call for a ride.
• Do not talk to any motel or convenience store clerks, as they may contact the police.
• Avoid driving late at night, particularly between the hours of 11 p.m. and 3 a.m.
• Do not agree to allow the officer to search your vehicle. If you are arrested, do not plead your case to the officer.
• If possible, answer all of the officer’s questions in one-word answers, i.e. “Yes” or “No”.
• If the officer’s questions move into areas regarding your consumption of alcohol and/or submission to sobriety evaluations, you should respond with “I’m sorry officer, but without speaking with my attorney, I do not want to answer any questions or volunteer to perform any tests” and follow that response with “May I call my attorney?”. If the officer refuses, indicate that if you are not under arrest, you wish to leave.
• If you are allowed to leave and you believe you may have had too much to drink, do not get back in the vehicle. Leave the vehicle where it is. The cost of a tow bill is less than the cost of a drunk driving defense.
• Continually request to speak to an attorney before answering questions or submitting to any chemical or field tests.
• If you are placed under arrest, indicate to the officer a desire to have an independent chemical test.
• Pay close attention to each thing the officer does so that you can give an accurate description of the night’s events.
• Consider having every other drink be non-alcoholic.
• Eat prior to drinking and continue eating as you drink. Concentrate on high carbohydrate foods, such as potatoes, rice, bread and pasta.
• Avoid drinking alcohol when you are sick, as certain medications and/or having a fever can elevate your bodily alcohol content.
• The combination of alcohol and certain medications could cause you to be charged with another criminal offense, i.e., operating under the influence of drugs.
• Choose drinks with a lower alcohol content.
• Avoid alcoholic beverages that are either mixed with carbonated beverages or are themselves carbonated, as the carbonation increases the rate that your body will absorb the alcohol.
• Do not drink more than one drink per hour.
• If you weigh 150 pounds or less, do not drink more than one drink every two hours.
• Drink plenty of water and consider alternating a full 12 ounces or more of water with every alcoholic drink.
• If you feel the effects of alcohol or have a “buzz on”, consider not driving.
• Stop drinking alcoholic beverages at least 1½ hours before departing to drive home. During this period, consume several glasses of water.
• Perform sobriety evaluations on yourself prior to driving.
• Drive in as normal a manner as possible without committing any traffic violations. Driving below the speed limit, wide turns, weaving within your lane, or passing other slow moving vehicles, are actions, while not traffic violations, that will draw attention to your vehicle and may be used by the officer as the basis for a stop.
• Do not operate a motor vehicle after drinking during bad weather.
• Do not stop to be a good Samaritan after you have been drinking.
• Do not exit your vehicle unless instructed to do so.
• KEEP A COPY OF OUR BUSINESS CARD WITH YOU AT ALL TIMES