Michigan Sees Drastic Decrease in DUI Arrests Due to Governor’s Shelter in Place Order

Michigan has been particularly hard hit by Covid-19, and our Governor Gretchen Whitmer has responded with a series of executive orders effectively ordering residents into house arrest. Under the most recent shelter in place Executive Order 2020-42, citizens are allowed to leave their homes only for things necessary to sustain life, such as to obtain food and medicine. Even then, Michigan’s governor has ordered that citizens make maximum use of delivery services, meaning there is a near total lock down until May 1, 2020. Consequently, all bars and sit down restaurants remain closed, as are public gatherings of almost any size, even in one’s home.

While alcohol consumption in Michigan is on the rise during the pandemic meaning people are now drinking copious quantities inside their homes, often as part of a virtual happy hour with friends, they are not leaving their homes or driving their cars. As a result, the Michigan’s economy is at a near halt, and with it, so too are DUI arrests.

On top of this, police resources are strained by covid-19 personnel losses, and the already strained police forces are refocusing efforts toward enforcing the governor’s shelter in place orders, a misdemeanor punishable by up to a $1,000 fine and up to 90 days in jail. With the roadways nearly empty, and fewer police on patrol, far less traffic stops are occurring.

The confluence of these events has led to a drastic and Statewide decrease in DUI arrests. Year over year Michigan consistently sees more than 30,000 DUI arrests annually.  At the Barone Defense Firm, whose practice is focused on the defense of DUI cases, we predict that the number of arrests in 2020 will be closer to 10,000, a nearly 70% drop!  We also expect numbers to rise briefly after the stay-at-home order is lifted, and this will be due in part to the “pent up demand” as people return to socializing in bars and restaurants with a flourish.

If you have to leave home after drinking, don’t drive for fast food. Traditionally, the worst place for DUIs in Michigan is anywhere near a Taco Bell restaurant, a trend that is likely to continue even during the covid-19 shut down.  Over the years we consistently see large numbers of late-night DUI stops in and around this fast food establishment, and the Governor’s order allows take out restaurants to continue to operate.

If you’re stopped in Michigan for DUI then expect harsh penalties to be imposed. Some judges place even first-time offenders in jail, and driver license sanctions always include suspension or revocation of the offender’s driving privilege. For repeat offenders’ jail is a near certainty, and sanctions can include vehicle immobilization or forfeiture. A first offense in Michigan is punishable by up to 93 days in jail, or up to 180 days for a breath test above .17, or when there is a child occupant. Second offenders are looking at up to a year in jail with a minimum five days and for third offense DUIs, the punishment is 1-5 years, with a mandatory 30-day jail term.