(Almost) Arrested for DUI – Michigan
Last weekend I had the pleasure of being stopped by Michigan’s finest for suspicion of drinking and driving. Luckily for me, I knew how to handle myself and was “free to go” after a brief custodial interrogation.
If you have been charged with drinking and driving contact Michigan drinking and driving attorney, Aaron J. Boria (734) 453-7806. We have handled countless drinking and driving offenses, and now, even experienced DUI encounters.
Michigan Drinking and Diving
It is common for police to be out looking for drunk drivers any time there is a city fair, a concert, a holiday, or any other common reason people may have had a drink before getting into a car.
Over the weekend, some friends and I were visiting Boyne for Carnival Weekend. This is a really cool skiing/snowboarding weekend at Boyne Mountain. There is a good food, good music, and of course booze.
After a day of boarding, the group decided to head to Petoskey for dinner. We ate at an awesome restaurant on Lake Michigan called Palette (I had duck). We were headed to a bar after called Tap 30 that had all Founders on tap including 2014 and 2015 Kentucky Breakfast Stout as well as Back Woods Bastard (if you are a beer drinker then you know this is a big deal). Because we were going to the bar after I didn’t have anything to drink at dinner since I was the driver. When we got to the bar I had two beers and some pretzels.
Pulled Over for DUI
On my way home I was stopped by Michigan State Police. The officer told me the basis for the stop was that my headlamps weren’t on. I drive a newer Lincoln and the lights are automatic. For some reason only my fog lights were on. I have no idea why that was, I can only assume my knee bumped the light knob on my way in or out of the car. It was just starting to get dark so I didn’t notice the difference in brightness.
The officer then ordered me out of the car claiming that he could smell alcohol on my breath. (Three other people were in my car that had been drinking, who is to say he wasn’t smelling them?) At this point I was nervous because I knew what was going on from being a DUI lawyer, and frustrated because I knew I was under the limit and he was fishing for arrests. In fact, I actually keep a PBT in my car to make sure that I never drive over the limit.
The officer told me he was going to check my eyes. This meant he was going to administer the HGN test, a very subjective test that can show you have consumed alcohol; however, it does not mean you are over the limit, and many things besides alcohol can cause HGN. HGN looks for a small fluttering of the eye ball. The test is subjective because only the officer can see your eyes. The small movement he is looking for will not be recorded on any dash cam video. I politely declined to take the test.
The officer then asked if I would take a breath test. Again, I declined. For all I know his PBT wasn’t calibrated correctly, I could have had mouth alcohol, or who knows. Nonetheless, the mentality of most police I have dealt with is that they are looking to see if they have enough evidence to arrest you, not to see if they can let you go.
He then told me he was going to be forced to make a judgment call, which to me meant he was going to arrest me. I then told him I would agree to do the walk and turn test or one leg stand. These tests are objective, and if I needed to challenge the arrest later then the judge would be able to clearly see that I was fine. The officer opted for the walk and turn, which I passed perfectly along with the one leg stand. Why these two tests and not the others if any at all, you ask? They are not subjective, and on video everyone can see they were preformed correctly.
This is not something I would recommend my clients do. I have done both tests countless times and am certified in a practitioner FST course. Even if you have not had anything to drink these tests are hard to pass sober. If you are even slightly over weight, or have any leg or back issues they will be near impossible.
When I was done with the tests the officer sent me on my way.
Michigan Drinking and Driving Lawyer
For more information about drinking and driving in Michigan click here.
If you are reading this, then you are either bored or you or someone you care about is facing a DUI charge. Don’t hire any criminal defense lawyer, hire an experienced Michigan drinking and driving lawyer. Aaron J. Boria knows the law and knows how to win. Call (734) 453-7806.