Michigan MIP Laws

The Michigan MIP statute is included on this site. However, there are other laws that can affect your case and provide defenses.

Fourth Amendment

The Constitution protects your rights to be free from unreasonable searches. The courts in Michigan have recently ruled that a PBT (preliminary breath test) is a search under the Fourth Amendment. This simply means that the police have to get a warrant from a judge or get your consent.  This may provide a defense to your case.

Miranda Rights

You may have been questioned by the police and interrogated about your alcohol use. Did the police officers read you your Miranda rights. That you have the right to remain silent and that anything you say can and WILL be used against you. I have been successful in suppressing statements made by college students who were separated from their crowd and interrogated without these warnings. Know your rights

Portions of the MIP Statute are Unconstitutional

The Federal Courts in Michigan have ruled that section 6 of the Michigan MIP statute are unconstitutional. The legislature has not addressed this ruling and it gives a defense attorney an opportunity to battle any PBT results from being admitted in your case.

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