What to Do If You’re Stopped for DUI in Michigan
It’s a moment that can make anyone’s heart race — flashing lights in your rearview mirror after a night out. Whether you’ve had one drink or several, being pulled over on suspicion of driving under the influence is stressful and confusing.
Knowing your rights — and what not to do — can make a major difference in how your case unfolds.
As a Michigan criminal defense attorney, I’ve helped many people navigate this exact situation. Here’s a step-by-step guide on what to do if you’re stopped for DUI in Michigan.
Stay Calm and Pull Over Safely
As soon as you see police lights, signal and pull over immediately to a safe, well-lit area. Keep your hands visible on the steering wheel and wait for the officer to approach. Sudden movements or fumbling for documents can raise suspicion or make the situation tense.
✅ Tip: Roll down your window, keep your seat belt on, and stay polite and cooperative.
Be Respectful — But Know Your Rights
The officer will likely ask where you’re coming from, whether you’ve been drinking, or how much you’ve had. Remember:
You are not required to answer questions that could incriminate you.
You can politely say:
“Officer, I’d prefer not to answer any questions without speaking to my attorney.”
This isn’t an admission of guilt — it’s your constitutional right to remain silent. Staying calm and courteous helps protect you legally and personally.
Provide Basic Information Only
You are legally required to provide:
- Your driver’s license
- Vehicle registration
- Proof of insurance
Beyond that, you don’t have to engage in conversation. Avoid volunteering information, arguing, or trying to “talk your way out of it.”
Understand Field Sobriety and Breath Tests
The officer may ask you to perform field sobriety tests (like walking a straight line or standing on one leg). These tests are subjective and can be influenced by nerves, fatigue, or even weather conditions.
In Michigan:
- You can refuse field sobriety tests without automatic penalties.
- Preliminary breath test (PBT): Refusing a roadside PBT is a civil infraction, not a crime, but it can result in a small fine.
- Chemical (DataMaster) breath test at the station: Refusing this can lead to automatic license suspension under Michigan’s implied consent law.
If you’re unsure, you can always say:
“I’d like to speak to an attorney before deciding.”
Avoid Making Statements or Admitting Guilt
Everything you say — and how you behave — can be used as evidence. Even casual comments like “I only had two beers” can hurt your case later.
If you’re arrested, do not argue or resist. Ask to speak with your attorney immediately.
Contact an Experienced Michigan DUI Attorney
After release, time is critical. Evidence can disappear quickly, and deadlines for license hearings or appeals come fast. Contacting a defense attorney early gives you the best chance to protect your license, your record, and your future.
At Mark Mandell, Criminal Defense Attorney, I help clients throughout Southeast Michigan understand their options, challenge unlawful traffic stops, and fight for fair outcomes.