Michigan Drunk Driving Defense FAQs

• Q: Can an Officer pull me over for no reason in Michigan?
  A: No. The stop must be justified by probable cause or a reasonable suspicion that criminal activity was afoot. Usually, the officer will base the stop on a violation of … More
• Q: What should I say if I am stopped by a Police Officer in Michigan and he asks if I have been drinking?
  A: You are not required to answer potentially incriminating questions. A polite "I would like to speak with an attorney before I answer any questions" is a … More
• Q: What will happen if an Officer pulls me over for suspected drunk driving in Michigan?
  A: The officer will ask you to get out of the car and will instruct you to perform a series of "field sobriety tests." These are standard physical ability … More
• Q: What should I do if I'm asked to take a Field Sobriety Test in Michigan?
  A: Unlike the chemical test where refusal to submit may have serious consequences, you are not legally required to take any FSTs. The reality is that officers have … More
• Q: What happens if the Officer believes that I have not performed the Field Sobriety Tests satisfactorily under Michigan Drunk Driving Law?
  A: You will probably be asked to take a preliminary breath test (PBT). You should be told that the only penalty if you refuse the PBT is a $100 fine. If you fail either … More
• Q: How long will a drunk driving conviction stay on my record in Michigan?
  A: All alcohol related traffic offenses are crimes, and are classified as either misdemeanors or felonies. Thus a drunk driving conviction will remain on your record for … More
• Q: Can I have my drunk driving conviction expunged in Michigan?
  A: No. The statute governing expungement in Michigan specifically precludes a person from even seeking to have a conviction for a "traffic offense" (including … More
• Q: What terms are used for drunk driving offenses in Michigan?
  A: A person arrested for drunk driving in Michigan can be charged with 2 different types of offenses. 1) Operating While Visibly Impaired (OWVI) means that because of … More
• Q: When can I be charged with OWI in Michigan?
  A: You will be charged with a OWI in Michigan if you operate a vehicle with a BAC of 0.08 or greater. To be guilty of this offense, absolutely no impairment of any of … More
• Q: What is the legal drinking limit for drivers in Michigan?
  A: It is a crime for a driver to have a bodily alcohol content (BAC) of .08 or greater if over age 21 or .02 or greater if under 21. More