Were my rights violated?

[michigan27]

What is the name of your state (only U.S. law)?

I just recently moved to Michigan and am unfamiliar with their laws and procedures. Although I am unfamiliar with the whole DWI procedure in general as it was my first time experiencing it, I felt like my rights weren't properly taken into consideration during the whole ordeal. I was initially pulled over for a broken headlight. I had indeed been drinking earlier in the night and after undergoing the officers various sobriety tests I was asked to partake in a breathalyzer test. I knew that if I blew I would blow either right under or over the legal limit. It was extremely evident that these officers would not be lenient as one of them just physically snatched a cigarette from my mouth so I made an in the moment decision not to risk it and exercised my right for representation and did not subject myself to the breathalyzer test.

So I was handcuffed and taken to the station. I was sat down on a bench. Not knowing my rights by their exact legal parameters, I asked the officers if I possessed the right to make a phone call and also if I could acquire the assistance of a lawyer to be present before proceeding?

I was told that I did not have the right to request an attorneys presence at that time.

I was also told that I could not make a phone call.

So maybe this is usually how long it takes but I sat on this same bench, handcuffed, for 3 hours without knowing what the deal was. Well apparently I was waiting for 3 hours so that they could get their warrant to get my blood drawn at the hospital.

So once again, I knew what they were telling me but felt like I should ask once again for the assistance of a lawyer before proceeding with this warranted sampling of my blood. I still did not have this right.

I had not eaten or had any water for an extremely long period of time and felt weak and noxious and asked if I could please have a glass of water before my blood was withdrawn.

I apparently did not have this right either.

After having my blood drawn I asked once again if I could not have a glass of water, still feeling weak.

I could have a glass of water once I was taken to jail they said.

I also apparently did not have the right to receive my antidepressant medication at its normal time when requested.

Maybe this is how these things normally play out but maybe not.

Needless to say, I am not a criminal but they made sure to make me feel like one. I felt incredibly trapped for what seemed like an eternity under the custody of these two officers.

 

[quincy]

What is the name of your state (only U.S. law)?

I just recently moved to Michigan and am unfamiliar with their laws and procedures. Although I am unfamiliar with the whole DWI procedure in general as it was my first time experiencing it, I felt like my rights weren't properly taken into consideration during the whole ordeal. I was initially pulled over for a broken headlight. I had indeed been drinking earlier in the night and after undergoing the officers various sobriety tests I was asked to partake in a breathalyzer test. I knew that if I blew I would blow either right under or over the legal limit. It was extremely evident that these officers would not be lenient as one of them just physically snatched a cigarette from my mouth so I made an in the moment decision not to risk it and exercised my right for representation and did not subject myself to the breathalyzer test.

So I was handcuffed and taken to the station. I was sat down on a bench. Not knowing my rights by their exact legal parameters, I asked the officers if I possessed the right to make a phone call and also if I could acquire the assistance of a lawyer to be present before proceeding?

I was told that I did not have the right to request an attorneys presence at that time.

I was also told that I could not make a phone call.

So maybe this is usually how long it takes but I sat on this same bench, handcuffed, for 3 hours without knowing what the deal was. Well apparently I was waiting for 3 hours so that they could get their warrant to get my blood drawn at the hospital.

So once again, I knew what they were telling me but felt like I should ask once again for the assistance of a lawyer before proceeding with this warranted sampling of my blood. I still did not have this right.

I had not eaten or had any water for an extremely long period of time and felt weak and noxious and asked if I could please have a glass of water before my blood was withdrawn.

I apparently did not have this right either.

After having my blood drawn I asked once again if I could not have a glass of water, still feeling weak.

I could have a glass of water once I was taken to jail they said.

I also apparently did not have the right to receive my antidepressant medication at its normal time when requested.

Maybe this is how these things normally play out but maybe not.

Needless to say, I am not a criminal but they made sure to make me feel like one. I felt incredibly trapped for what seemed like an eternity under the custody of these two officers.

The laws and procedures in Michigan are not unlike those in other states. Drinking and driving is illegal. You are a criminal once you are convicted on a drunk driving charge.

When you refuse a breathalyzer, the police then take you for a blood draw. That is the law in Michigan.

I do not see anything out of the ordinary but you will want to speak to an attorney in Michigan anyway, to see if the charge can be reduced or dismissed on a technicality.

Good luck.

 

[TigerD]

And now that you have gotten an attorney, what did (s)he say?

TD

 

[FlyingRon]

First off, there is NO "legal limit." 0.08% BAC is only the per se limit, if you are measured at this you are presumed intoxicated without further evidence.

The equipment violation is sufficient articulable suspicion for the initial stop. It's always a bad idea to have bulbs out when you're driving around at bar closing time.

There is no right to an attorney nor a phone call prior to submitting to the chemical test. Michigan does require you to be informed that refusing to take the chemical tests may result in criminal sanctions as well as administrative action against your licenses. The test itself is what is called "informed consent." When you got your license you agreed to not drive drunk and to submit to such tests.

Not eating or drinking has no bearing on your test results.

You need an attorney. Nothing on the face of what you are saying is either exculpatory nor an indication your rights were infringed.

 

[michigan27]

I know I shouldn't have been driving after drinking anything at all but was just completely taken aback by how quickly my night went sour. I was seriously only two blocks away from my house. I guess the officers had me tricked in the beginning by telling me that being so close, the worst that would happen would be for them to accompany me on a walk back to my house. I could not have had worst luck with the pick of the officers that had pulled me over. It was evident that they were younger than I was and straight out of high school. The new guys on the block trying to make a name for themselves. Clapping when my warrant was printed and even skipping into the hospital out of pure excitement for their success. I guess none of that is against the law but it sure as hell felt undeserved.

 

[quincy]

Here is a link to the law: http://www.legislature.mi.gov/(S(s2gwzzgs0rwtzv40qkb51fd1))/mileg.aspx?page=getObject&objectName=mcl-257-625

And a link to Michigan's Secretary of State on Substance Abuse and Driving: http://www.michigan.gov/sos/0,4670,7-127-1627_8665-24488--,00.html

And another link to information on drinking and driving in Michigan: http://dui.drivinglaws.org/michigan.php

Again, there is nothing that you have posted that shows anything was done improperly by the police. Your attorney, however, will look into the stop and the blood testing and review the video to see if there was.

I am proud that our young policemen stopped you before you could cause harm to yourself or others. Please stay sober from now on when you are on our roads. And welcome to Michigan.

 

[FlyingRon]

Cops are allowed to lie to you. You don't get points for getting "close to home" before you're pulled over.

Again, you need an attorney. If there is any chance for you it will take something you've not related (and possibly that you didn't observe yourself given your intoxicated state).

 

[quincy]

I agree with FlyingRon and will repeat what we both said before. You need to find an attorney in your area of Michigan.

There are some prosecutors and some judges in some counties in Michigan who have no tolerance for drunk drivers. I hope for your sake that you did not drive drunk in one of those counties.

And, although this will not do you much good now, here is a link to the National Motorists Association with information on how to protect your rights when you are stopped by the police: http://www.motorists.org/dui/traffic-stop

 

[Zigner]

Needless to say, I am not a criminal...

Says the admitted drunk driver.

 

[Silverplum]

I know I shouldn't have been driving after drinking anything at all but was just completely taken aback by how quickly my night went sour. I was seriously only two blocks away from my house. I guess the officers had me tricked in the beginning by telling me that being so close, the worst that would happen would be for them to accompany me on a walk back to my house. I could not have had worst luck with the pick of the officers that had pulled me over. It was evident that they were younger than I was and straight out of high school. The new guys on the block trying to make a name for themselves. Clapping when my warrant was printed and even skipping into the hospital out of pure excitement for their success. I guess none of that is against the law but it sure as hell felt undeserved.

I always feel that drunk drivers get exactly what they deserve, but only when they're caught.

The victims never get what they deserve, ever.

 

[quincy]

I always feel that drunk drivers get exactly what they deserve, but only when they're caught.

The victims never get what they deserve, ever.

Michigan supposedly has some of the toughest drunk driving laws in the country but it always seems that those who are arrested for drunk driving have been arrested for driving under the influence several times in the past. Obviously the laws are failing to keep these dangerous drivers off the roads.

 

[dave33]

I always feel that drunk drivers get exactly what they deserve, but only when they're caught.

The victims never get what they deserve, ever.

Of course, in this situation, no victim is present. Well....not in any reasonable sense of the word.

 

[dave33]

Michigan supposedly has some of the toughest drunk driving laws in the country but it always seems that those who are arrested for drunk driving have been arrested for driving under the influence several times in the past. Obviously the laws are failing to keep these dangerous drivers off the roads.

It seems that tougher laws fail in almost every way. I mean the definition of a criminal is one who breaks the law. The more laws the more they get broken and the more people get caught in the system.

As far as dangerous drivers and this post are concerned, if we are to take the o.p. at his word and believe he was just above or just below the legal limit, that can and most likely does include every person leaving the bar. Is it right to have such tough criminal laws that every person that has two beers and drives home is a criminal? It seems that may be the situation here.

I would rather have an adult with two beers than a teenage driver any day.

 

[FlyingRon]

Of course, in this situation, no victim is present. Well....not in any reasonable sense of the word.

It is society that is harmed by the criminal behavior. We are all damaged by drunk drivers.
Spent too many years as a paramedic recovering the "victims" of drunk drivers (why is it never the drunks themselves that come out on the worst of it).

 

[HighwayMan]

Is it right to have such tough criminal laws that every person that has two beers and drives home is a criminal?

Oh please, stop exaggerating. Two beers over the course of a few hours is not going to cause any issues.

I'd like to see stricter BAC limits everywhere and tougher penalties for violations.