Many Michiganders experience traffic stops due to minor issues such as speeding or failure to use a turn signal. For tips on how to handle those types of traffic stops, click here.
However, some traffic stops in Michigan may escalate into criminal charges. These typically are for OWI/DUI, driving while license suspended, or even resisting and obstructing. It is vital that you know what your rights and responsibilities are under Michigan law if you ever find yourself in such a situation.
Sobriety Tests
All Michigan drivers have the right to refuse a Field Sobriety Test.
Drivers under 21 must submit to a Preliminary Breath Test (PBT) if requested.
For drivers over the age of 21, refusing a roadside PBT is a civil infraction. However, if you have been arrested and refuse a breath, blood, or urine test, it triggers Michigan’s implied consent law. Michigan’s implied consent law states that if you operate a vehicle on a public roadway or parking lot, you are considered to have consented to chemical testing for alcohol and other substances. Refusal can lead to strong penalties such as a license suspension. Note, you do have the right to request a blood test instead of a breath test. You may also request that a second sample of your blood be sent to an independent lab for testing in addition to the sample that is sent to the Michigan State Crime Lab.
While you do not have the right to speak with an attorney prior to chemical testing, you can request to speak with one after.
Vehicle Searches
You have the right to refuse consent to a search of your car during a traffic stop. Simply state calmly: “I do not consent to a search.” However, there are circumstances where an officer does not need your consent to search your vehicle during a traffic stop, such as if they have probable cause.
In short, probable cause requires the officer to have a reasonable belief that 1) a crime was committed, 2) you committed the crime, and 3) evidence of the crime is present in the area to be searched. Absent probable cause, they cannot search your vehicle during a traffic stop unless they have a warrant or another legal exception.
Document the Encounter if Needed
If you believe your rights were violated, note the officer’s name, badge number, and department. This information is usually on the citation, if you received one. Consult with a knowledgeable Michigan attorney as soon as possible to discuss the events and what options you may have.
When a Traffic Stop Leads to Criminal Charges
A minor stop can escalate into serious charges. These charges carry fines, jail, probation, license suspensions, and a permanent criminal record. Some common examples are:
- Operating While Intoxicated (OWI)
- Driving While License Suspended (DWLS)
- Reckless Driving
- Resisting and Obstructing a Police Officer
Frequently Asked Questions
Can I refuse a breath test?
You can refuse the roadside PBT if you’re over 21, but refusing the chemical test after arrest will result in license suspension under Michigan’s implied consent law.
Can passengers be searched?
Not without probable cause, a warrant, consent, or specific suspicion. However, officers may ask passengers for ID.
What should I do if I feel the stop was unfair?
Stay calm during the stop and address grievances later. Do not argue, be aggressive, or be combative. Speak with a Michigan attorney to explore legal remedies first.
Why You Need an Attorney
Even a “simple” ticket can snowball into points on your license, insurance increases, and repeat-offender consequences under Michigan’s laws. A skilled Michigan defense attorney can:
- Challenge whether the stop was lawful under the Fourth Amendment and the Michigan Constitution.
- Review police dashcam/bodycam footage.
- Negotiate reduced charges or plea agreements.
- Defend you at trial if your rights were violated.
Protect Your Record and Your Rights! Contact Us Today!
If a simple traffic stop results in an arrest or criminal charges, you don’t have to navigate it alone. Having skilled legal counsel can mean the difference between a dismissed case and lasting consequences for your license, record, and freedom.
If you need legal help with charges related to a traffic stop or you feel that your rights were violated, you need an experienced attorney who will fight for you. The Kronzek Firm serves clients throughout Ingham, Eaton, Clinton, Livingston, and Oakland counties, as well as across Michigan’s lower peninsula. The sooner we get involved, the more we can do to protect your future.
đź“ž Our attorneys have defended hundreds of Michiganders for more than 30 years. You can reach all of our offices 24/7 by calling 866-766-5245 (866 7NoJail). You can also reach us by email at contactus@kronzek.law.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]