Stay Calm.
Move Forward.
Grand Rapids Michigan Skyline Over Grand River
  1. Home
  2.  » 
  3. OWI
  4.  » Are sobriety checkpoints legal in Michigan?

Are sobriety checkpoints legal in Michigan?

On Behalf of | May 24, 2022 | OWI

Summer celebration season is just around the corner and law enforcement officials want to make sure you celebrate safely. This is why you will see sobriety checkpoints from time to time throughout the country. The police will close down a roadway in order to chat with each car’s driver and make sure that they are not driving while under the influence of alcohol or drugs.

The state of Michigan, however, has declared these checkpoints illegal. They are one of 11 states who claim that sobriety checkpoints are a violation of the Fourth Amendment, in which the American people are protected from illegal searches and seizures.

How do the police give out OWI’s in Michigan? 

Given that checkpoints are illegal, police officers who pull people over under the guise of another reason are in violation of the Fourth Amendment. For example, knowing when the bars close for the night, a police officer might patrol the area nearby and watch drivers as they leave. 

They might say that they’re pulling you over for a broken tail light or because you were weaving a bit. From there, they’ll begin questioning you as to whether or not you have been drinking. You then have the right to refuse to answer their questions. Be advised, however, that they may then take you in for questioning.

Avoid being pulled over

Because the police are looking for any reason to pull you over, your best bet is to use the services of Lyft or Uber. This will ensure that you can enjoy your celebration and get home safely without fear of getting an OWI.

What if I am pulled over and issued an OWI?

If you do get pulled over and the police end up citing you for OWI, contact an experienced legal guide as soon as possible.