Should I have told the police that I was drinking alcohol? Selecting the right Michigan defense lawyer for your DUI.
Most Michigan drunk driving cases begin with a traffic stop, which leads to an interaction between the police officer and driver. During this interaction, the police officer may ask whether or not you have been drinking.
A lot of people ask me whether or not they should be honest with the police officer, but there is no clear answer to this question. Generally it is not a good idea to lie to a police officer, but anything you say during this traffic stop could be used as strong evidence against you in a criminal trial.
Although drinking and driving is actually legal in Michigan (it is illegal to drive while "impaired" or "intoxicated" or with a blood alcohol content above 0.08 or higher), admission of drinking while driving could lead to probable cause for a Michigan drunk driving arrest. For an arrest to be lawful in Michigan, the arresting officer must have probable cause to believe the driver committed an offense. Probable cause comes from "the facts and circumstances within an officer's knowledge and of which he has reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed". The police only have to have a probability or substantial chance the offense occurred not actual proof.
Once you admit to consuming alcohol, the officer will pay closer attention to your physical and mental condition, and may ask you to perform field sobriety tests, and submit to a preliminary breath test.
The best policy may be to tell the police officer that you would like to speak to an attorney before answering any questions; if the officer continues to press for an answer, any response could be suppressed by your attorney. While it is a good idea to seek counsel before incriminating yourself, you should be cooperative in providing biographical information such as your name, address, date of birth and provide all necessary documentation.
Most Michigan drunk driving cases begin with a traffic stop, which leads to an interaction between the police officer and driver. During this interaction, the police officer may ask whether or not you have been drinking.
A lot of people ask me whether or not they should be honest with the police officer, but there is no clear answer to this question. Generally it is not a good idea to lie to a police officer, but anything you say during this traffic stop could be used as strong evidence against you in a criminal trial.
Although drinking and driving is actually legal in Michigan (it is illegal to drive while "impaired" or "intoxicated" or with a blood alcohol content above 0.08 or higher), admission of drinking while driving could lead to probable cause for a Michigan drunk driving arrest. For an arrest to be lawful in Michigan, the arresting officer must have probable cause to believe the driver committed an offense. Probable cause comes from "the facts and circumstances within an officer's knowledge and of which he has reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed". The police only have to have a probability or substantial chance the offense occurred not actual proof.
Once you admit to consuming alcohol, the officer will pay closer attention to your physical and mental condition, and may ask you to perform field sobriety tests, and submit to a preliminary breath test.
The best policy may be to tell the police officer that you would like to speak to an attorney before answering any questions; if the officer continues to press for an answer, any response could be suppressed by your attorney. While it is a good idea to seek counsel before incriminating yourself, you should be cooperative in providing biographical information such as your name, address, date of birth and provide all necessary documentation.
