Michigan Drunk Driving Arrests: Know Your Legal Rights

Michigan Drunk Driving Arrests: Know Your Legal Rights

Posted on:
December 27, 2016
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Contact A Flint Drunk Driving Lawyer Today!

Being arrested for the suspicion of intoxicated driving is an extremely intimidating experience. If this has happened to you, it is normal to feel frustrated, confused and frightened. At this point, it is critically important that you know how to effectively exercise your legal rights. Your freedom could literally be at stake. More than anything else, it is imperative that you work with an experienced Flint DUI defense attorney who can ensure that the arresting officers and the Michigan prosecutors have treated you fairly under the law.

Three Important Legal Rights You Need to Know

1) You Cannot Be Arrested Without Valid Probable Cause

In Michigan, state and local police officers must have valid probable cause to either detain or arrest any individual. In other words, a police officer may not pull you over without a legitimate reason to suspect that you have committed a driver infraction. Further, an officer may not arrest you for a DUI unless they have a reasonable belief that you are guilty of that crime. That being said, if Michigan police officer stops you without probable cause, you still need to comply with their reasonable requests. Never resist arrest or detainment. The bottom line is that this issue can not be litigated while you are behind the wheel of your car. Instead, your DUI defense lawyer will be able to investigate the actions of the arresting officer. Your lawyer will make sure that the officer upheld your legal rights throughout the traffic stop and your arrest. If, at any point, they failed to do so, your DUI charges may be reduced or dismissed outright.

2) You Have the Right to Remain Silent

Additionally, you also have the legal right to remain silent. You should always exercise this right if you have been pulled over for a suspected DUI. Put simply, you will not be able to talk your way out of a DUI. Michigan police officers are trained to try to get you to say things that can be used against you in court. Anything you say can be used as an admissible form of evidence. If you are pulled over, please do the following:

  • Stop your vehicle as quickly as is safely possible;
  • Be polite with the officer at all times;
  • Present the responding officer with your Michigan driver’s license, your vehicle registration and your up to date insurance information;
  • Do not admit to committing any criminal offenses, including the consumption of alcohol; and
  • If you are arrested, ask to speak to your defense attorney immediately.

3) Your Have the Right to Qualified Legal Representation

Your single most important legal right is your right to be represented by an attorney. At Nickola Law, our criminal defense attorneys have extensive experience handling DUI cases. If you have been arrested on drunk driving charges, please call our Flint office today at (810) 767-5420. We represent clients throughout Michigan, including Bay City, Midland and Saginaw.


Nickola Law past results are not express or implied prediction of future success, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many factors, therefore, results will differ on a case-by-case basis. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of an attorney/client relationship. Testimonials are not a guarantee, warranty, or prediction of the outcome of your case. By providing certain contact information herein, you are expressly authorizing the recipient of this message to contact you via the methods of communication provided.

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