Oakland County, MI - Paul J. Tafelski, a leading Oakland County DUI lawyer with Michigan Defense Law (https://www.michigandefenselaw.com/blog/are-dui-checkpoints-legal-in-michigan/), issued a clarification regarding the legality of sobriety checkpoints in Michigan and outlined the rights and obligations motorists face during DUI stops. Drawing from recent client inquiries and ongoing enforcement activity, Tafelski emphasized that Michigan law prohibits DUI checkpoints while reaffirming that officers may still conduct targeted DUI investigations based on reasonable suspicion and probable cause.
Michigan’s constitutional protections set the framework for this guidance. The Michigan Supreme Court’s decision in Sitz v. Department of State Police (1993) held that sobriety checkpoints violate Article 1, Section 11 of the 1963 Michigan Constitution. That state ruling remains controlling, even though the U.S. Supreme Court held such checkpoints permissible under the federal Fourth Amendment in Michigan Dept. of State Police v. Sitz (1990). Against that backdrop, the Oakland County DUI lawyer explained how day-to-day enforcement operates without checkpoints. Most OWI cases begin with a traffic stop supported by specific and articulable facts, such as lane departures, unsafe speed, or other moving violations. Once a vehicle is lawfully stopped, officers may expand an investigation into impaired driving if observations create probable cause, including odor of alcohol, slurred speech, bloodshot eyes, open containers, or performance on standardized field sobriety tests.
The Oakland County DUI lawyer further addressed why these rules matter for public safety and case outcomes. In 2023, Michigan recorded 1,095 traffic fatalities and 71,085 injuries, with nearly 41 percent of deaths involving alcohol and or drugs. These figures inform statewide, year-round impaired driving patrols and seasonal enforcement waves. The legal standards that apply after a stop can significantly affect charging decisions and potential defenses. Michigan’s per se limit is 0.08 BAC, and readings above 0.17 trigger High BAC penalties under MCL 257.625(1). The implied consent statute requires drivers to submit to a post-arrest chemical test of breath, blood, or urine. A first refusal typically carries a one-year driver’s license suspension and six points, with a 14-day window to request a Secretary of State hearing. Field sobriety tests and preliminary breath tests at the roadside remain voluntary for most drivers, though refusal of a pre-arrest PBT is a civil infraction, and different rules apply to CDL holders.
Tafelski also outlined practical guidance for lawful and safe interactions during traffic stops. Motorists should pull over promptly and safely, keep hands visible, and provide license, registration, and proof of insurance when requested. The right to remain silent allows drivers to decline answers beyond identification. Consent to search is not required, and a clear statement declining consent preserves issues for later review. Should an arrest occur, counsel may review whether reasonable suspicion justified the stop, whether probable cause supported the arrest, and whether testing complied with constitutional and statutory requirements. The Oakland County DUI lawyer noted that even where no checkpoint is used, deviations from protocol in stops, searches, or testing can determine whether evidence is admissible and whether charges are sustainable.
About Michigan Defense Law:
Michigan Defense Law is a criminal defense practice serving clients across Oakland County and the greater Metro Detroit area. The firm handles OWI DUI cases, driver’s license matters, drug and weapons charges, domestic violence allegations, and a broad range of felony and misdemeanor offenses. The team provides strategic defense from investigation through trial, including challenges to traffic stops, field sobriety testing, and chemical evidence. For consultations, contact Michigan Defense Law at (248) 451-2200 or visit the firm’s website to request a case evaluation.
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Company Name: Michigan Defense Law
Contact Person: Paul J. Tafelski
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Phone: (248) 451-2200
Address:2525 S Telegraph Rd suite 100
City: Bloomfield Hills
State: Michigan 48302
Country: United States
Website: https://www.michigandefenselaw.com/
