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DUI Arrests

The first step in the driving under the influence (DUI) process is the initial traffic stop and arrest. If you have recently been charged with drunk driving after a Michigan DUI arrest, you should contact an experienced Michigan DUI defense lawyer as soon as possible. A lawyer will review your case to determine if proper protocol was followed and if there was probable cause for a DUI arrest.

How Arrests Occur

A Michigan DUI arrest occurs when you are taken into police custody and are unable to leave. Despite what you may have seen on television, you do not have to be placed in handcuffs or physically restrained in order to be arrested—the officer may simply tell you that you are "under arrest."

If the officer personally sees someone breaking the law, he or she may arrest that person on the spot. For example, if the officer pulls over and administers a breath test on a suspect who was driving erratically, that driver may be arrested if his or her blood alcohol content (BAC) is over the legal limit.

Probable Cause

A police officer who has reasonable belief that a suspect has committed a crime may arrest the suspect. This practice is referred to as "probable cause." Probable cause may be used to justify an arrest if the driver refused to take a breath test. For example, if an officer notices open containers of alcohol on the floorboard and smells alcohol when he or she pulls over a suspect who is driving erratically, the officer has probable cause for a DUI arrest even if the suspect refuses to take a chemical test.

Arrest Warrants

If a warrant has been issued for a suspect's arrest, the arrest is lawful. In order to obtain an arrest warrant, the police officer must submit a sworn statement regarding the reason for the arrest to a judge or magistrate. This warrant must identify the individual who committed the crime, the crimes committed, and the location of the individual.

During the arrest, the officer must protect your constitutional rights—in particular, your Fourth Amendment rights, which protect you from unreasonable searches and give you the right to remain silent. If your rights are violated, your arrest may be ruled unlawful.

If you have concerns regarding your Michigan DUI arrest, contact a DUI defense lawyer today. For a free DUI case evaluation and a copy of The Michigan DUI Book (A Citizen's Handbook on Fighting a Michigan DUI Case), please fill out our online form today.

Client Reviews
★★★★★
Patrick Barone is the ONLY choice for DUI defense. He was realistic from the start and made it a point to look at my case before taking my money. As a business owner, when I think of attorneys, I think of the "shark infested waters. Patrick is a shark alright, but his prey is not the client; it's justice for his client. Ten stars Patrick!! Chris F.
★★★★★
Attorney Patrick Barone was very helpful and helped me understand the charge and sentence absolutely clearly. He also guided me through step by step helping me form a statement. His instructions were clear and detailed. It was obvious he cared about me understanding every important detail within my case. I would absolutely recommend this defense firm to anyone in need. Aaron B.
★★★★★
The Barone Defense Firm is the firm I recommend. They are truly concerned about the person, not just the legal issue, but the person as well. They are the most knowledgeable defense firm that I am aware of, having actually written the book on DWI Defense. If you are faced with a DWI you will not find a more professional and skilled law firm. But, most importantly, they care about how the accused individual recovers his or her life when the case is complete. Very remarkable group of lawyers. William H.