Michigan DUI Checkpoints

In Michigan, police departments may use DUI checkpoints in order to enforce drunk-driving laws. If you have been arrested for driving under the influence after being stopped at a Michigan DUI checkpoint, you should contact a DUI defense lawyer to discuss your case and learn about your options.

DUI checkpoints are a controversial issue—many believe that they violate citizen’s Fourth Amendment rights, which prohibit unreasonable searches and seizures. The U.S. Supreme Court decided that the public service DUI checkpoints provide outweighs the infringement of Fourth Amendment rights; however, there are strict guidelines a law enforcement agency must follow when conducting a Michigan DUI checkpoint.

In order to set up a DUI checkpoint, the law enforcement agency must show that is part of an ongoing campaign to deter drinking, and driving and the location and date of the checkpoint must be publicized in advance. The selection of a DUI checkpoint must be chosen for a specific reason (i.e., there have been a high number of DUI accidents at the location).The agency must also get a prosecuting attorney involved, and a judge must be informed of the checkpoint locations and procedures.

During the checkpoint, there must be signs and warning lights that let drivers know they are approaching a DUI checkpoint.  The law enforcement agency must have a predetermined plan regarding which cars will be stopped (i.e., every other car, every third car). Any deviations from the plan must be well-documented. A mobile breath testing machine must be used at the checkpoint, or suspects must be quickly transported to a location where the test can be performed.

If you are stopped at a Michigan DUI checkpoint and asked to step out of your vehicle, you should make sure to lock the door. If asked to perform a field sobriety test, you may politely decline, as these tests are completely voluntary.

To learn more about Michigan DUI checkpoints, contact The Barone DUI Defense Firm. Our attorneys are more than happy to provide you with a DUI case evaluation and a free copy of The Michigan DUI Book (A Citizen’s Handbook on Fighting a Michigan DUI Case).

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