Legal Question in DUI Law in Michigan

Arrest procedures or lack there of

A friend was given a field sobriety test after being pulled over by two police cars for a broken brake light at approximately 12:30 a.m. less than a half mile from a bar. He was then cuffed and put in the back of the officer's vehicle and given a breathalyzer. He was never told he was under arrest but blew a .13.

He was then taken to the police station where he was given the breathalyzer again, blew a .14 and not released until 8:00 a.m. the next morning.

Q: Does the fact he was never told he was under arrest or read his rights (know this isn't necessary in this process) or the appearance of entrappment cause for a judge to throw this case out?

This is his first offense and he was not driving recklessly. Thank you for any advice.

Asked on 3/30/04, 11:48 am

2 Answers from Attorneys


Re: Arrest procedures or lack there of

It sounds like the police followed proper procedure. Although, with the new law in place and many technicalities, we might be able to fight it. We specialize in Michigan Druunk Driving. Feel free to call the office to discuss the matter further. Eric I. Kutinsky, Esq. (866) MICHDUI

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Answered on 4/04/04, 5:13 pm

William Morrison Action Defense Center

Re: Arrest procedures or lack there of

Your narrative describes acceptable police procedure - including probable cause for the traffic stop. Your friend may want to know about recent changes in Michigan's drunk driving laws before he goes to court. I can give him a no-charge telephone consultation @ 248-680-1133.

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Answered on 3/30/04, 2:19 pm

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