The Holiday Enforcement Surge: A Statistical Reality
As the holiday season descends upon Michigan, bringing with it office parties, family reunions, and New Year’s Eve celebrations, the roadways become significantly more dangerous. Statistically, the period between Thanksgiving and New Year's Day sees a dramatic spike in alcohol-related traffic fatalities. In response, the Michigan Office of Highway Safety Planning, in conjunction with local and state police, initiates the annual "Drive Sober or Get Pulled Over" campaign.
This is not standard patrol duty. During this window, law enforcement agencies utilize grant funding to put extra officers on the road specifically to form saturation patrols. These are specialized task forces hunting for signs of impairment. Minor infractions that might be ignored in July, such as touching a lane line, a burnt-out license plate light, or hesitant acceleration, become probable cause for a traffic stop in December.
Defining "Intoxication" in Michigan
Many drivers operate under the mistaken belief that as long as they are "fine to drive" or under the 0.08 BAC limit, they are safe from arrest. Michigan law is far more nuanced and strict. The state utilizes two primary charges:
- OWI (Operating While Intoxicated): This is the standard charge for a BAC of 0.08 or higher, or for operating a vehicle while substantially deprived of normal control due to alcohol or drugs.
- OWVI (Operating While Visibly Impaired): This is a lesser, yet serious, charge. An officer can arrest you for OWVI even if your BAC is below 0.08 (e.g., 0.06) if they testify that they observed visible signs of impairment in your driving. This means "feeling buzzed" is often enough to land you in handcuffs.
Furthermore, Michigan has a "Super Drunk" law (High BAC). If your blood alcohol content is 0.17 or higher, the penalties skyrocket, including mandatory alcohol treatment programs, longer license suspensions, and the potential for ignition interlock devices immediately upon restricted driving eligibility.
The Anatomy of a Holiday Traffic Stop
If you are pulled over this holiday season, it is vital to understand the legal mechanics at play. The officer is building a case from the moment they activate their lights. They are trained to look for "clues" of intoxication, such as fumbling for a wallet, bloodshot eyes, or slurred speech.
Field Sobriety Tests (FSTs)
Officers will ask you to perform Standardized Field Sobriety Tests (SFSTs), such as the Walk-and-Turn, the One-Leg Stand, and the Horizontal Gaze Nystagmus (HGN) test. Crucially, these roadside physical tests are voluntary in Michigan. You are not required by law to perform them, and they are often subjective. Poor road conditions (ice/snow), nervousness, or physical health issues can cause a sober person to fail. Politely declining these tests prevents the officer from gathering video evidence of your "clumsiness" to show a jury later.
The PBT vs. The Chemical Test
The roadside breathalyzer (Preliminary Breath Test or PBT) is also technically voluntary, though refusing it constitutes a civil infraction with a fine. However, once you are arrested, the Implied Consent Law kicks in. This requires you to submit to a chemical test (blood or breath) at the station. Refusing this chemical test results in an automatic one-year suspension of your driver's license and six points on your record, regardless of whether you are convicted of the drunk driving charge.
The High Cost of a Holiday Mistake
A conviction for OWI is a life-altering event that extends well beyond a night in the drunk tank. If convicted of a first-offense OWI in Michigan, you face:
- Jail Time: Up to 93 days in jail. While rare for first offenders in some counties, strict judges in others may impose weekend jail time to "send a message."
- License Sanctions: A 30-day suspension followed by 150 days of restricted driving (work/home/court only).
- Financial Ruin: Between court fines, legal fees, probation oversight costs, and increased insurance premiums, a single OWI can cost upwards of $10,000 over three years.
- Record Permanence: A drunk driving conviction cannot be easily expunged in Michigan until a significant waiting period has passed, and only under specific legislative "Clean Slate" criteria.
Defending the Case
At Shiraz Law Firm, we approach holiday OWI cases with aggressive scrutiny. Because these arrests often happen during "enforcement surges," police procedural errors are common. We examine:
- The Stop: Was there valid probable cause, or did the officer pull you over on a hunch?
- The Science: Was the DataMaster (breathalyzer) properly calibrated? Was the blood draw handled with a proper chain of custody?
- The Medical Defense: Did you have a medical condition (like GERD or diabetes) that could create a false high reading on a breath test?
One mistake during the holidays shouldn't dictate your future. If you see the blue lights in your rearview mirror, remain silent, comply with orders, but do not offer evidence against yourself.
