Experienced Oakland County Defense Attorney

Are Checkpoints Legal in Michigan?

During DUI checkpoints, law enforcement officers stop drivers on a roadway to preliminarily investigate if they are driving under the influence (DUI) of alcohol or drugs. DUI checkpoints are used in many states across the country to deter drunk driving, especially during holidays, nights, and weekends near bars or lively areas. Receiving a DUI can affect a person’s future, freedom, and reputation. If you face DUI charges, it is vital to get an experienced Oakland County DUI defense lawyer who will protect your rights.

Does Law Enforcement Add DUI Checkpoints on Michigan Roads?

DUI checkpoints are not legal in Michigan because it is one of the ten states in the country that ruled against sobriety checkpoints. The state of Michigan believes that DUI checkpoints violate their state constitution. Ironically, a case from Michigan is what led the Supreme Court ruling that allows other states in the United States to issue sobriety checkpoints. In 1990, the U.S. Supreme Court ruled in favor of sobriety roadblocks in a 6-3 decision in the Michigan Department of State Police v. Sitz. The decision overturned a previous ruling from Michigan Supreme Court that stated that DUI checkpoints violated the Fourth Amendment.

Although DUI checkpoints aren’t legal in Michigan, police officers can still conduct vehicle stops, investigations, and arrests if they suspect that you are drinking and driving. Police officers can only stop you if they had “reasonable suspicion.” For example, if you were seen swerving or if you committed a driving violation, they have “reasonable suspicion” to stop you. To investigate you and arrest you, they must have “probable cause.” This is when they stop you because they believe you were committing a crime. For example, if they smell alcohol or see that you are impaired, they can arrest you.

Protect Your Rights with Our Farmington Hills DUI Defense Attorneys!

Although DUI checkpoints aren’t legal in Michigan, police officers can still stop and search you if they have probable cause. If you were arrested for a DUI / OWI, you might be facing immediate consequences. The best way to protect your rights is by calling an experienced Farmington Hills DUI attorney. At Daniel D. Hajji, Attorney at Law, I am dedicated to helping people accused of DUI charges in Oakland County. I can investigate your case, potentially minimize your penalties, or get your case dismissed, all while keeping your license from getting suspended.

I am available 24/7! Contact my firm today for a free consultation at (248) 599-0054. I provide flat-fee options as well as payment plans, so ask about your options.

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