When Can the Police Stop A Vehicle?

You can be pulled over for violating any Michigan traffic law. I have represented drivers in Clinton Township, Warren, Royal Oak and Sterling Heights that are stopped for straddling lane markers, weaving between lanes, driving at excessive or very slow speeds, braking erratically, obstructed vision (object hanging from rear view mirror), defective equipment (cracked windshield), coming in close contact with objects or other vehicles, or while fixing a flat tire. In addition, the police do not have to be an eye witness to an accident to be a witness against the operator of the vehicle. You can be charged and convicted with OWI if the police had probable cause to believe you were operating the vehicle which was involved in the accident.

How Do the Police Know If Someone Is Intoxicated?

Police use three methods to determine whether a driver is under the influence of alcohol or drugs.

  • Police may observe the driver for objective signs of intoxication which include: a distinct odor of alcohol coming from the driver, red, watery eyes, and slurred speech.
  • Police will assess a driver's ability to perform field sobriety which are designed to test a driver's balance and motor skills. Police may ask a driver to perform tasks such as walking heel-to-toe in a straight line, standing on one leg, or reciting the alphabet backwards. If a driver fails one or more of these tasks, the officer may request that the driver take a chemical test to measure the driver's blood alcohol content (BAC).
  • A driver's BAC is tested by breath, blood, or urine and is measured by the percentage of alcohol in the blood by weight.

In a Macomb County Case, City of Eastpointe, our client was found not guilty of OWI when she testified that she was disoriented and dizzy because she did not have the benefit of her necessary prescription eyeglasses which fell onto the ground and broke when she exited the vehicle. The court was sympathetic because she was at a disadvantage and was asked to perform field sobriety tests in the darkness without her glasses.

The ABDO law firm will fight your Michigan drinking and driving case by filing motions to attack improper traffic stops or situations where the police report contains exaggerations and inaccuracies.

Next page >> Bodily Alcohol Content (BAC)