Legal Question in DUI Law in Michigan

Breathalyzed passenger

I just got back from seeing the magistrate today and i plead mute. The charges that are being put against me are MIP and refusing a breathalyzer. That night i was the passenger in my vehicle and my girlfriend was driving. When they pulled us over they pulled her out without explanation as to why they pulled us over and immediately gave her a breathalyzer. She blew nothing and then the second officer came over to the passenger side and asked me for my id. I gave it to him and he immediately asked me to step out of the vehicle. I came around to the back of my truck and they started to push me to give a breathalyzer. i refused the breathalyzer and they wrote me two tickets. One for an MIP because they said they smelt alcohol. There were no empty cans or alcoholic beverages in the vehicle. My girlfriend had a restricted license that wouldn't allow her to drive between the hours of midnight and 5 am so they impounded my truck. In this situation can they harass the passenger?


Asked on 8/08/07, 12:06 am

2 Answers from Attorneys

Eric I. Kutinsky THE MICHIGAN LEGAL TEAM, P.C.

Re: Breathalyzed passenger

Sounds like your rights may have been violated. Please fight this, don't give in!! The Michigan Legal Team, call us now toll free 877 900 LAWS

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Answered on 8/08/07, 4:19 pm
William Morrison Action Defense Center

Re: Breathalyzed passenger

Let me guess. You were too young and too drunk to drive and you let your girlfriend take the fall for your self induced inability to drive. Or...which is more likely...., you and your girlfriend quickly switched seats when the flashing lights came on and the police didn't quite catch you.

You should be greatful that they only charged you as they did. If they had given you your truck, would you have driven home? You would have been pulled over for OWI if you had taken the wheel.

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Answered on 8/08/07, 6:34 pm


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