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No. The stop must be justified by probable cause or a reasonable suspicion that criminal activity was afoot. Usually, the officer will base the stop on a violation of the traffic code, such as speeding or weaving in your lane. They can also stop you for not wearing a seat belt or for having illegally tinted windows.
Yes, assuming you are intoxicated in excess of the legal limit. The law requires you to stop and contact the police if you are involved in an accident. When the officer routinely investigates the accident and asks you for your story, he has an opportunity and duty to discover whether you have been drinking. The fact that you did not cause the accident does not mean that you did not drive while intoxicated.
No. You are NOT required to answer any questions about where you have been and whether you have been drinking. You are required to identify yourself if requested by the officer. You should NOT answer any questions except to identify yourself.
Michigan law provides that you have "consented" to submit to breath or blood alcohol testing, just by driving or by applying for a driver's license in Michigan. Your refusing to take such a test is, itself, a separate offense, and your license will be suspended for six months. Beware: you have only 14 days to appeal this penalty. If you are charged with this, you should contact an attorney immediately.
If you refuse to take the breath test, the police have the right to take you to a local hospital and force you to allow the hospital staff to draw some of your blood. If you use force to try and stop this, you will be charged with yet another crime.
These are tests that the officer uses to obtain additional evidence of whether you are intoxicated. There are a wide range of Field Sobriety Tests (FSTs), including heel-to-toe, finger-to-nose, one-leg stand, alphabet recitation, modified position of attention, fingers-to-thumb, hand pat, etc. Most officers will use a set battery of three to five such tests. In most cases the officer has already decided to arrest and only uses these tests to gather additional evidence against you. If the police vehicle is equipped with video, performing these tests can be very, very incriminating.
You are NOT required to perform these tests. A polite, no thank you, is the best response.
A PBT is a chemical test that the officer may ask you to perform. The test is administered by having you blow into a small device which measures the amount of alcohol in your breath. The officer can use this evidence to determine if it is worth his time to transport you to the station so that a full breath test can be administered. You are not 'required' to take this test. That is to say, the officer can not force you to take it. If you refuse, you will be charged with a civil infraction (like a speeding ticket). However, if you are a commercial driver, refusing a preliminary breath test is a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, and will result in a 24-hour out-of-service order.
No. The officer may choose to give you a 5th. Amendment warning (Miranda) after he arrests you. He is not required to do this...(really). If the warning is not given after you are arrested, and you answer questions asked by the police, the only consequence is that the prosecution cannot use any of your answers against you at trial. They can still use all of the other evidence they collected against you.
Yes. (See implied consent above).
Yes. After the breath test is administered, you may ask to be taken to a hospital or other testing facility, where you can purchase your own test. I generally do not recommend this because blood alcohol tests are usually higher than breath tests.
Yes. The police are under a statutory duty not to release a suspected drunk driver until he or she is in a proper condition to be released. They may keep you a standard number of hours or administer a PBT when they think you may be ready to be released.
No. State law prohibits attorneys from posting a bond or acting as surety for a client. An attorney can deliver the bond to the police station which was received from another individual. However, it is not economical to hire an attorney to do this.
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