Whenever I meet with a new potential DUI client, we discuss the conversation that they had with the police officer on the side of the road.  I have never been told that my potential client refused to engage in conversation with the officer.  

If I had been there to advise my client, I would have told the client to simply hand over their license, registration and insurance, and not to say a single word, or agree to do a single preliminary breath test or field sobriety test.  The penalty for not complying is a small fine for refusing the PBT, but no points, and it is not a crime.

Yes, the officer may become rude, push, get upset, and probably just arrest you without probable cause to do so.  Think about it, unless you car is all over the road or you crashed, what evidence of committing a drunk driving offense have you really offered?

Ok the cop says you smell like alcohol, one alcohol doesn't have a smell, and two it's not against the law to drink if you're over 21 or to drive a car after drinking.  Your eyes are bloodshot, you're sweaty; well maybe you were out all night dancing and it's 3 am - you're not going to look your best.  

Without speaking to the officer, which brings in slurred speech, admission of drinking, coming from a bar, confusion of where you are, or where you are going, the officer has very little.  If you don't give him a BAC reading or field sobreity tests, it's very likely that even if the truth is that you're above the limit, or breaking the law, the law only looks at what the officer knew or perceived at the time of the arrest; it doesn't matter if you blow over the limit later on after the arrest.  

If you are reading this, it may be too late to follow the above "play" but keep it in mid for the future, as it is one of the most important plays in my DUI Playbook.  This isn't meant to help people get out of breaking the law, it's meant to protect your rights, your family, your job and your future, and put the burden on the cop to have enough to arrest you; after all your taxes paying for his/her training, uniform, squad car, weapon and salary; don't make life easy on them. 

A recent 2016 Michigan Court of Appeals case ruled that a driver could not be prosecuted for drunk driving in Michigan for moving their own car from one part of the driveway to another part of the driveway.   The case does mention that this driver moved the car "closer to the garage" 

When I review a police report of a client's DUI arrest, I look to see the stated reason for pulling my client over.  While there are usually multiple cited reasons, a reason of weaving within the lane is NOT a legal reason to pull a client over.   Second, the officer might list weaving or weaving outside of the lane in the report, but a review of the video shows just wearing within the lane

If all we have is weaving within the lane then this stop should be challenged.  Under Michigan law, specifically MCLA 257-642 requires that "a vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from the lane until the driver has first ascerttained that the movement can be made with safety" 

Further there has been cases where a court has struck down a traffic stop where the driver briefly left the lane, specifically "observation of the motor home briefly entering the emergency lane is insufficient to ive rise to probable cause of the traffic violation"

When a client is arrested for drunk driving it Michigan, we either see the Michigan State Police, a local sheriff’s department or a local city of township government making the arrest.  Some cases have multiple police agencies involved.  The question becomes, what power does a particular police agency have to make an arrest? Here are some general guidelines for Michigan, and how certain situations could open the possibility for a motion for an illegal arrest.  

In Michigan, a police officer can make an arrest outside of its jurisdiction if they are enforcing the state laws along with the Michigan State Police or with a local police agency of that area.  For example, a Novi police officer can operate outside of Novi if they are working with the Michigan State Police, or can operate in the City of Northville if working with that agency.  

Police officers may also act outside their jurisdiction if they witness a violation of the law inside of their own jurisdiction.  So with this example, the same Novi officer witnesses someone speeding in Novi, and they drive into Northville Township; the officer can continue to pursue and make a stop and an arrest.  

The issue comes when a police officer is outside their jurisdiction to begin with, and at that point pull someone over.  If this were to be the case for one of my client’s we would file a motion moving for a dismissal of charges due to an illegal arrest and seizure by the police officer.  We would move to have any evidence suppressed as well.  

The only way this last situation could be allowed is if the officer witnesses a felony in their presence.  If a prosecutor tried to charge my client with a third offense felony DUI after this sort of stop, I would still file a motion, because at the time of the stop/pursuit, the officer has no reason to believe the driver has prior offenses, and THIS one could be a felony.  If the officer claims the offense were fleeing and eluding, which is a felony, this would be a better reason for the stop, and might hold up in court . ​