There is a spike in drunk driving arrests each year around the 4th of July. The National Highway Traffic Safety Administration (NHTSA) pays out large grants each year to fund special DUI task forces over the Fourth of July holiday weekend. Every DUI task force in the Michigan police departments that receive federal funding is expected to report a minimum number of drunk driving arrests over the holiday weekend.
If you find yourself arrested over the holiday weekend, there is a chance that you are one of the many motorists who drank too much celebrating a few days off from work. There is also a chance, however, that the police officer made an unlawful traffic stop to justify the overtime pay that the officer receives by working over the holiday weekend. If this sounds nefarious, it is. A quick youtube search will produce dozens of videos showing how a few police officers abuse the powers legally afforded to them at sobriety checkpoints across the nation. Although sobriety checkpoints are unlawful in Michigan, this does not prevent police officers from stopping motor vehicles without adequate evidence of impaired driving.
When a police officer stops an automobile, the officer must justify the traffic stop by proving that he or she had reasonable suspicion that a crime might be occurring or probable cause that a civil infraction had occurred in the officer’s presence. If the police officer cannot prove that he or she had an adequate reason for stopping the vehicle, the evidence stemming from that traffic stop will be suppressed.
Even if a driver has been drinking, it is important to understand that it is legal to drink and drive. It takes several drinks to become legally intoxicated, and the arresting officer must prove that he or she was able to establish reasonable cause to justify the arrest. Again, just like traffic stops, the burden is on the officer to prove that he or she had reasonable cause to make the arrest, whether through proper field sobriety tests or a preliminary breath test. If the officer lacks reasonable cause, the arrest is constitutionally invalid and the evidence that is collected thereafter (such as a breath, blood or urine report) will be suppressed.
Finally, even if the traffic stop and the arrest are legally permissible, the prosecutor has the duty to prove that the chemical test was relevant and reliable. If a police officer improperly conducts a breath test, for example, a court may suppress the results. Similarly, even if the test results are admissible, the prosecutor has an obligation to prove that the chemical test results are both relevant as well as reliable beyond a reasonable doubt if the matter proceeds to a trial.
If you were arrested over the 4th of July holiday, there are several defenses that an experienced, qualified drunk driving defense attorney can help you explore. Because the penalties for a Michigan OWI are so serious, it is important that you get help as soon as possible. Call our office toll free at (888) 941-1122 to schedule an appointment today!