8 critical steps to protect your rights during a Michigan DUI/OWI traffic stop

• Provide your driver’s license, registration, and proof of insurance when requested.
• Avoid answering investigative questions about whether, when, or how much you drank.
• Never lie, provide false information, or become argumentative.

You do not have to provide statements that could potentially be used against you. Even innocent explanations may be misunderstood or taken out of context.

• Understand that physical roadside sobriety exercises are generally voluntary in Michigan.
• You may politely decline the walk-and-turn, one-leg stand, and eye-tracking exercises.
• Never physically resist an officer’s lawful directions.

Field sobriety tests are standardized, but their results may be affected by medical conditions, balance problems, fatigue, uneven pavement, footwear, and other factors.

Declining these voluntary exercises does not prevent an officer from making an arrest based on other evidence.

• Recognize that a portable roadside preliminary breath test (PBT) is different from an evidentiary chemical test requested following an arrest.
• Understand that refusing a lawful roadside PBT generally results in a civil infraction for ordinary noncommercial drivers.
• Take Michigan’s post-arrest implied-consent requirements seriously.

Do not assume that refusing every type of alcohol test is a sound legal strategy. Additional rules apply to commercial drivers and drivers under 21.

• You may respectfully decline a request for permission to search your vehicle.
• Do not physically interfere if officers conduct a search.
• Allow your attorney to determine whether the search was lawful.

Police may have independent legal grounds to conduct a search without your permission. Refusing consent preserves the distinction between a voluntary search and one conducted under claimed legal authority.

• Pull over safely and keep your hands visible.
• Follow lawful instructions, including directions to exit the vehicle.
• Do not argue about the legality of the stop at the roadside.
• Never resist arrest.

A calm, respectful interaction is safer for everyone and allows legal disagreements to be addressed through the appropriate judicial process.

• If arrested, clearly state that you wish to speak with an attorney.
• Avoid discussing the alleged offense before receiving legal advice.
• If you take the officer-requested chemical test, understand your Michigan statutory right to a reasonable opportunity for an additional chemical test administered by a person of your choosing.

Independent testing can sometimes provide important evidence. Request it promptly because alcohol concentrations change over time.

Requesting an attorney does not automatically suspend chemical-testing obligations or deadlines.

• Record your recollection of the incident as soon as possible, including the time, location, road conditions, weather, and officer interactions.
• Identify witnesses and preserve relevant vehicle camera footage, receipts, and other records.
• Tell your attorney about any medical conditions or disabilities that could affect balance, speech, eye movements, or testing.
• Ask your attorney to promptly seek preservation of police body-camera footage, dash-camera recordings, testing records, and dispatch communications.

• Contact a qualified Michigan OWI defense attorney immediately after an arrest.
• Carefully review all documents and notices given to you.
• If you receive an implied-consent refusal notice, act immediately. Michigan generally provides only 14 days to request an administrative hearing.
• Do not miss any court appearance or Secretary of State deadline.

A criminal OWI case and an administrative driver’s license matter are separate proceedings. Protecting your rights may require action in both.