Michigan DUI law provides that if an arrest is Constitutionally invalid then dismissal is the appropriate remedy. Most drunk driving cases begin with a traffic stop. When a police officer believes that the driver may have been drinking or using drugs, the driver will be asked to step from the car for further evaluation after which the driver may be arrested. If this arrest is invalid, then the DUI case must be dismissed.
The DUI arrest usually follows a field investigation. This field investigation usually begins with the administration of one or more field sobriety exercises, continues with the administration of a preliminary roadside breath test (PBT), and concludes with an arrest. Each of these steps is a “Constitutional” event subject to careful review and analysis by a skilled Michigan DUI lawyer.
To be Constitutionally valid, an arrest must be informed by probable cause. Michigan case law provides that a PBT result above the legal limit is enough to establish probable cause. This means that in many Michigan DUI cases where a PBT was administered, the question becomes whether the PBT itself was lawfully administered.