Are DUI Checkpoints Legal in Michigan? What Police Do Instead

Halloween weekend, the holidays, a big game. Every year around this time, people ask whether police will be running sobriety checkpoints on Michigan roads. The short answer is no. Michigan is one of the states where they aren't allowed.

That doesn't mean there's less enforcement. It means police have to make OWI stops a different way, and the rules for those stops matter if you're ever pulled over. If you've been charged with drunk or impaired driving, our criminal defense practice can review how the stop happened.

Why Michigan doesn't have sobriety checkpoints

Michigan is part of how checkpoints became legal across the country, and also why they're not allowed here.

In 1990, in a case that started in Michigan, the U.S. Supreme Court held that sobriety checkpoints don't violate the federal Fourth Amendment. Many states use them because of that ruling.

But the case went back to Michigan's courts. In 1993, in Sitz v. Department of State Police, the Michigan Supreme Court held that sobriety checkpoints violate the search and seizure protections of the Michigan Constitution. The court found no historical support in Michigan for stopping drivers without any suspicion for criminal law enforcement purposes.

So while the federal Constitution allows checkpoints, Michigan's own Constitution gives drivers more protection, and checkpoints remain off the table here.

What police do instead

No checkpoints doesn't mean no enforcement. Around holidays and big events, expect:

• Saturation patrols. More officers on the roads in areas and at times when impaired driving is more common.
• Targeted traffic enforcement. Officers watching for speeding, weaving, lane violations, equipment problems and other reasons to stop a car.
• Statewide campaigns. Michigan regularly runs high-visibility drunk-driving enforcement periods around holidays.

The difference is that each stop has to be justified on its own.

What a lawful stop needs

Without a checkpoint, an officer generally needs a legal reason to pull you over. That usually means reasonable suspicion that a traffic law was broken or that a crime is happening, such as:

• Speeding, rolling a stop sign or running a light
• Weaving, drifting across lanes or erratic driving
• A broken taillight, expired plate or other equipment violation
• A report from another driver or a 911 call, depending on the details

Once a car is lawfully stopped, what the officer sees, hears and smells can lead to further investigation: questions, field sobriety tests, a preliminary breath test and possibly an arrest.

If a stop wasn't lawful in the first place, evidence that came from it may be challenged. That's often one of the first things a defense attorney looks at in an OWI case.

Your choices during a stop

What you're required to do at an OWI stop isn't the same at every step:

• Pull over safely and provide your license, registration and proof of insurance.
• You generally don't have to answer questions about where you've been or how much you've had to drink. Our post on whether you have to talk to the police in Michigan explains how to decline politely.
• Field sobriety tests are generally voluntary in Michigan. Our post on field sobriety tests in Michigan covers what that means.
• Breath tests are different. Refusing a roadside preliminary breath test and refusing the chemical test after arrest carry their own consequences under Michigan law. Our guide on whether you have to take a breathalyzer in Michigan explains the difference.

Whatever happens, stay calm and polite. Arguing on the roadside doesn't help your case, and the time to challenge the stop is later, in court.

The best plan is not to need any of this

Checkpoints or not, the safest plan for a holiday weekend is simple: decide how you're getting home before you go out. A rideshare, a designated driver or staying put costs far less than an OWI arrest. Even a first offense in Michigan can bring license sanctions, fines, costs and a record that follows you. Our post on Michigan OWI first offense penalties lays out what's at stake.

Questions we hear often

Are DUI checkpoints legal in Michigan? No. The Michigan Supreme Court held in 1993 that sobriety checkpoints violate the Michigan Constitution.

Can police set up a checkpoint for something else? Other kinds of stops, like some safety or licensing checks, raise different legal questions. But checkpoints aimed at catching impaired drivers are not allowed in Michigan.

Can police follow me out of a bar parking lot and pull me over? They can watch and follow, but they generally still need a lawful reason, like a traffic violation, to stop you.

If I was stopped without a good reason, will my case be dismissed? Not automatically. If a stop was unlawful, a court may suppress evidence that came from it, and that can change the case significantly. Whether that applies depends on the facts and the evidence, including any video.

When to call ELN

Call us as soon as possible after an OWI arrest, especially if you're not sure why you were pulled over. We'll review the reason for the stop, the tests, any video and the paperwork, and walk you through your options and deadlines, including the short window to request a hearing on a license suspension.

Facing an OWI charge? Schedule a consultation or visit our criminal defense practice.

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