Former Michigan Prosecutor | Jonathan Andrew Paul
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The two things you should never tell a police officer when arrested for a DUI in Michigan

9/2/2021

 
1. What was the conversation like with the police officer? Some interactions begin with a calm and polite inquiry by a police officer, and some start off as an immediate interrogation.  The officer may ask for your driver’s license and registration, and inquire to your whereabouts prior to this conversation.  You have a right not to speak to the police officer, but most people will cooperate and provide some information.

2. What did you tell the police about driving? This seems like an odd question, but in a case where you’re not observed driving a vehicle by a witness, the prosecutor may have difficult proving that you were driving, which is one of the two elements of Michigan drunk driving cases.  This could be the case if you’re observed outside of a car, after a traffic accident or you’re found parked on the side of the road.  If you make a statement about driving the car then it may make the prosecutor’s case a lot easier to prove.

3. Did you tell the police you consumed alcohol? While a police officer is trained to detect consumption of alcohol, and you may take tests that show you consumed alcohol, your own statements about alcohol could be important evidence.  There’s a big difference between telling a police officer you drank a beer an hour ago, versus you just polished off ten beers at the pub. Believe it not, recent consumption of alcohol could be more favorable for your case.

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