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Michigan Drunk Driving Stop Police Questions

Question: How should I respond if police ask me whether I've been drinking during a drunk driving stop in Michigan?

Answer: Very common answers such as, in response to “How much did you have to drink?” Most people say something like, “A couple.” Well, that's such a common answer, it doesn't come across as truthful, so that's not particularly helpful either, but if you admit to drinking a lot of alcohol, obviously that will be used against you. It is rarely helpful to give the second most common answer, which is that you stopped drinking about an hour ago.

Because it takes most people about an hour to reach maximum bodily alcohol; what you've essentially admitted is that you have reached or surpassed your maximum alcohol level and your level is starting to drop. So that when the police officer takes the test from you at some point after that, the jury might conclude therefore that you were actually higher at the time that you were driving.

The best answer, or I should say the most helpful answer, is to tell the officer that you just stopped drinking a few minutes ago. But the best answer really, or the best advice rather, is to not try to outsmart the officer—to try and be as honest as you can but say as little as possible, while still appearing to be cooperative.

Even though you don't have an obligation to answer most of those questions, just recognize that your failure to answer could be used against you. Not as part of establishing a crime, but because of the negative inferences that a judge or jury may draw from your noncooperation.

Client Reviews
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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.
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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.
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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.