Drunk Driving Information & Advice

What You Should Do If You Are Arrested For Drunk Driving:

You are not obligated to participate in the field sobriety tests on the side of the road. The simple fact is that most police officers will claim that you failed the test if you make the slightest mistake and they will use that failure to claim that you were so intoxicated that you could not even follow simple instructions.
Failure to take the Preliminary Breath Test (PBT) on the side of the road is a civil infraction that has 0 points. If you think that you are over the limit you can refuse to take it but the Officer will most likely arrest you anyway for suspicion of drunk driving. So you really do not gain anything by you refusal.
You should not refuse the Breath Test at the station unless it is your 2nd Drunk Driving Arrest in 7 years or your 3rd Drunk Driving Arrest in 10 years.
Refusing the Breath Test at the station results in a total loss of your driving privileges for 1-2 years and 6 points added to your driving record.
Be polite toward the Police Officer. He/She may give you a break. Be careful about what you say. If you admit that you were drinking it will be used against you in court.
Don't fall into the common trap. If you are going to admit to how much you drank then don't lie. An overwhelming number of people stopped for Drunk Driving state they have only had one or two drinks, but still can't find the drivers license and proof of insurance.
You have a right to call an attorney before taking the Breath Test at the Police Station. Insist on it if they refuse your request.
After you take the Breath Test you have the right to request an independent Breath or Blood/Urine Test at a hospital. Do this if you suspect the Police Breath Test was faulty.
Most individuals are released the next morning. However, the louder you are the longer you will stay in jail.
Call an attorney the next day while the information is still fresh in your mind.

Information About Michigan's Drunk Driving Laws:

Vehicle Registration Penalties

Effective June 1, 2000, anyone whose license is suspended/revoked for three (3) Drunk Driving Offenses or is suspended/revoked for DWLS and has four (4) prior violations of suspended license, will be denied the ability to sell or register a vehicle. If your license is suspended or revoked for any combination of Drunk Driving Violations or for a fourth (4th) suspension for violating a driver's suspension/revocation, and you are either an owner or co-owner of a vehicle, then you will be prevented from renewing the registration and selling or transferring the vehicle to a family member without a court order after June 1, 2000.

Dangers Of Letting A Suspended/Revoked Person Drive Your Vehicle

If you allow a person you know has a suspended/revoked drivers license to drive your vehicle, there are new penalties for the owner of the vehicle as of October 1, 1999. It is now a misdemeanor to knowingly allow a suspended/revoked person to drive your car. Additionally, if that person's driving causes serious injury or death, then you can be charged with a felony.

What Counts As Drunk Driving?

As of October 1, 2003, a blood alcohol level of .08 or hgher is considered Operating While Intoxicated. However, the following list contains additional offenses that can result from operating a vehicle under the infuence:

Operating Under Influence of Drugs (OUID);
Operating Commercial Vehicle w/ Blood Alcohol (BAC) over .04 (CDL .04)
Zero Tolerance (Minors under age of 21) BAC .02-.07);
New Child Endangerment Law (Drunk Driving with Minors in vehicle).

Possible Drunk Driving Sanctions

Jail term/Prison term
Loss of Driving Privileges
Huge Fines and Costs
Vehicle Immobilization
Vehicle Forfeiture
Driver Responsibility Fees imposed by the Secretary of State

Driver's License Restoration

Even if you have lost your driving privileges, there are many ways that our office can get you back on the road with a restricted license. Feel free to contact our office for more information.