Getting pulled over for a suspected DUI—known in Michigan as Operating While Intoxicated (OWI)—can be a stressful experience. It’s important to understand your rights and how to respond to law enforcement in these situations.
The Role of Miranda Rights
A common misconception is that your Miranda rights protect you during every interaction with law enforcement. However, Miranda rights only apply after you’ve been placed in custody and subjected to interrogation.
When a police officer initially pulls you over and begins questioning you—asking if you’ve been drinking, how much you’ve had, or where you’re coming from—Miranda does not apply. This means the officer can use anything you say during this initial interaction against you.
What Should You Say?
If you are pulled over and questioned about drinking, it’s essential to avoid saying too much. Here’s what you need to remember:
- Do not lie. If you lie about how much you’ve had to drink, the officer is likely to figure it out through field sobriety tests or other evidence. Lying can damage your credibility and hurt your defense.
- Do not plead the Fifth. While you have the right to remain silent, invoking the Fifth Amendment during an initial roadside interaction could escalate the situation.
- Ask for a lawyer. If the questioning goes beyond basic roadside inquiries, the only words you should say are: “I want a lawyer.”
Understanding What Comes Next
If you are intoxicated, there’s a strong chance you’ll be taken to jail. Law enforcement officers are trained to detect impairment, and their tools—such as breathalyzers and sobriety tests—make it difficult to avoid detection. The best course of action is to remain calm, cooperative, and avoid providing unnecessary information.
Protect Yourself with Expert Legal Help
Being charged with OWI doesn’t mean your life is over, but how you handle the situation from the start can significantly impact the outcome. At O’Keefe Law, we specialize in defending clients facing OWI charges and can help ensure that your rights are protected.
If you’re in trouble, don’t face it alone. Contact O’Keefe Law today to learn how we can help.