Arrests Without a Warrant Under Michigan DUI Law

Under Michigan DUI law (M.C.L. 257.625a), a peace officer may arrest you without a warrant under two circumstances:

1. First, you may be arrested by a peace officer if he or she has reasonable cause to believe that you were, at the time, the operator of a vehicle involved in an accident in Michigan and that you operated the vehicle in violation of M.C.L. 257.625 or a local ordinance that substantially corresponding to section 625.

To recap, the main violations under M.C.L. 257.625 are operating while intoxicated, operating while visibly impaired and operating with controlled substances in the body. The Michigan DUI statute, however, also includes violations under the zero tolerance section and for permitting someone to operate your vehicle while intoxicated, visibly impaired or with controlled substances in the body.

2. Second, you may be arrested by a peace officer if:

(a) You are found in the driver's seat of a vehicle that is parked or stopped on a highway or street in Michigan and any part of the vehicle intrudes into the roadway; and

(b) The peace officer has reasonable cause to believe that you were operating the vehicle in violation of M.C.L. 257.625 or a local ordinance substantially corresponding to section 625.

If you were recently arrested or if you have any questions about Michigan DUI law related to being arrested without a warrant, please contact a licensed Michigan DUI attorney. An expert DUI lawyer will be able to properly evaluate whether the peace officer, in fact, had reasonable cause.

For a free legal consultation and case review, click on the link below.