Being arrested for Operating While Intoxicated (OWI) in Michigan can be overwhelming and stressful.  The way you handle the situation, both during and after the arrest, can significantly impact the outcome of your case.  Understanding your rights and responsibilities is critical.

Below is a practical guide outlining key do's and don'ts to help protect your legal position.

DO:  Remain Calm and Composed

First and foremost, stay calm.  Law enforcement officers are trained to observe behavior, and any signs of agitation, aggression, or panic may be used against you later.  Keep your movements slow and deliberate, and avoid escalating the situation.

DO:  Exercise Your Right to Remain Silent

You have a constitutional right to remain silent.  Beyond providing basic identifying information, you are not obligated to answer questions about where you have been, what you have consumed, or how much you have had to drink.  Politely state that you wish to remain silent and request an attorney.

DO:  Comply with Lawful Orders

While you can decline to answer questions, you should comply with lawful instructions, such as exiting the vehicle or providing identification if asked.  Refusal to comply with lawful orders may result in additional charges.

DO:  Understand Michigan's Implied Consent Law

Michigan's implied consent law means that by receiving and signing for your driver's license, you have already consented to a chemical test (usually a breath test) if lawfully arrested and requested by law enforcement.  Refusing this test can lead to automatic penalties, including 1 year driver's license suspension and 6 points on your driving record, separate from any OWI conviction.

DO:  Contact an Experienced OWI Attorney Immediately

After your release, your next step should be to consult with a qualified defense attorney who specializes in OWI cases.  Early legal intervention can help preserve evidence, identify procedural errors, and build a strong defense strategy.

DON'T:  Admit Guilt or Make Statements

Avoid making statements of alcohol use such as “I only had a couple drinks” or “I feel fine to drive.”  Even seemingly harmless comments can be used as evidence of impairment.  Anything you say can, and likely will, be used against you in court.

DON'T:  Resist Arrest

Even if you believe the arrest is unjustified, do not resist.  Resisting or obstructing an officer can lead to additional criminal charges and complicate your defense.

DON'T:  Delay Legal Action

Time is critical in OWI cases.  Evidence such as dashcam footage, bodycam recordings, and witness statements can be lost or degraded quickly.  Additionally, you have a limited time of 14 days to request a Secretary of State Appeal hearing related to an implied consent license suspension.

DON'T:  Assume You Have No Defense

Many OWI cases are defensible.  Issues such as improper traffic stops, inaccurate breathalyzer calibration, or procedural violations can significantly weaken the prosecution's case.  Never assume guilt without a thorough legal review.

Final Thoughts

An OWI arrest in Michigan is serious, but it is not the end of the road.  Your actions in the moments following the arrest, and the legal strategy you pursue afterward, can greatly influence the outcome.  By staying informed and seeking experienced legal guidance, you can protect your rights and work toward the best possible resolution.

If you are facing OWI charges, consulting with a knowledgeable attorney is not just advisable, it is essential.