Michigan Probable Cause

In Michigan, the penalties for driving under the influence are quite severe. Even for a first offense, you face time in jail, fines, community services, and loss of driving privileges if convicted.

It may be tempting to try to represent yourself or just plead guilty; however, it is in your best interest to hire an experienced DUI defense attorney. An attorney will investigate your case thoroughly to find evidence that may be used on your behalf.

In Michigan, law enforcement agents are required to have reasonable suspicion, or probable cause, that something illegal is happening before they can stop and question someone. This means that an officer cannot legally pull over a driver just because he or she is of a different gender or nationality. The officer would have to witness the driver committing a traffic violation such as speeding or running a stop sign.

If a witness calls the police station, stating that he witnessed a car weaving on the highway, the police cannot start pulling over vehicles that match the witness’s description. The officer would have to actually see the driver doing something wrong in order to pull him or her over.

So what is probable cause to pull a vehicle over? Typically, the police officer will cite a basic traffic violation, such as: speeding, erratic driving, broken taillight, expired tags, failure to use a turn signal, or failure to obey traffic lights.

In order to ask a driver to take a field sobriety test or preliminary breath test, the officer must have probable cause to believe that you were drinking and driving. If the officer sees open containers in the vehicle, smells alcohol, or thinks the driver’s eyes are excessively bloodshot, he or she may then begin the DUI investigation. If you then fail the field sobriety tests or the chemical test, you will be charged with DUI/OWI.

If you are stopped without probable cause, it is possible that your DUI charges will be dropped. An experienced DUI defense lawyer handles issues like this frequently.

To discuss your case, and to determine if there was probable cause for your traffic stop or for the DUI investigation, contact the Law Offices of Patrick T. Barone today.

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