Common Memorial Day Arrests in Michigan

Michigan police increase patrols and set up sobriety checkpoints during high-risk holidays like Memorial Day. This means more traffic stops, more arrests, and often tougher prosecutorial approaches on those caught breaking the law. Some of the most common charges reported over Memorial Day weekend include:

• DUI/OWI (Operating While Intoxicated): Driving under the influence of alcohol or drugs, even for first-time offenders, carries serious consequences such as jail time, license suspension, and fines.
• Public Intoxication: While Michigan technically does not have a law just for public intoxication, you can still be arrested if your behavior becomes disorderly while inebriated.
• Disorderly Conduct: This is a broad charge covering a range of behaviors from fighting to being loud and disruptive in public while drunk.
• Minor in Possession (MIP): With festivals, grad parties, and lakefront fun, Memorial Day weekend sees an uptick in underage drinking violations.
• Open Intoxicants in a Vehicle: Even if you're not drunk, having open alcohol in your car is illegal and can result in a citation or arrest.

What to Do Immediately After Being Arrested

Being arrested can be a terrifying and confusing experience, especially if it’s your first time. Emotions run high and it’s easy to panic. What you do or don’t say after your arrest can directly affect your case, so follow these crucial steps:

1. Stay Calm and Cooperate Physically—But Not Verbally

Getting angry or resisting arrest—even if you believe it is unjust—can lead to additional charges such as resisting and obstructing. Don’t run, argue, or get physical. Instead, calmly comply with instructions. However, you are not obligated to answer questions about your activities, drinking, or anything else. Politely decline to answer questions until your lawyer is present.

2. Know That You Have the Right to Remain Silent

Law enforcement may try to engage you in conversation to get incriminating statements. Your best option? Politely say, “I want to remain silent. I would like to speak with my attorney.” That simple sentence can stop the questioning immediately and preserve any defenses you may have down the road.

3. Be Mindful of Field Sobriety and Breath Tests

If you're pulled over under suspicion of OWI, you may be asked to perform field sobriety tests or take a roadside breath test (called a Preliminary Breath Test, or PBT). Refusing a PBT for drivers under 21 is a civil infraction; for those over 21, it carries no criminal penalty but does come with a fine. However, refusal of the chemical test after a lawful arrest can result in an implied consent violation, resulting in a one-year license suspension and 6 points on your driving record. Talk to your lawyer about the details of your case, especially if you refused testing.

The Booking and Arraignment Process

After your arrest, you’ll be taken to a police station or local jail. Here’s what to expect:

• Fingerprinting and Mugshot: Your fingerprints and photo will be included in the police record.
• Official Charges Filed: Depending on the nature of the arrest, prosecutors will determine which criminal charges are appropriate.
• Arraignment: This is your first court appearance where charges are read, bail or bond is set, and you'll be asked to enter a plea. It’s important to have legal counsel attend whenever possible, and in many cases, a skilled defense attorney can waive your arraignment altogether.

Protecting Your Rights After Arrest

The legal system can be overwhelming, and holiday weekends like Memorial Day tend to bring stiffer attitudes from prosecutors and judges. Here are several key rights you have:

• Right to Legal Counsel: You have the right to a lawyer during questioning and throughout the entire court proceeding.
• Right to Bail: In most misdemeanor cases, bail is set based on standardized schedules. Your attorney can argue to reduce or modify bail conditions.
• Right to Due Process: You are presumed innocent until proven guilty, and the prosecutor must prove each element of the charge beyond a reasonable doubt.

Your best defense starts by remaining silent, demanding a lawyer, and not trying to explain yourself. Even so-called casual admissions to officers can be used in court.

Potential Penalties for Memorial Day Weekend Offenses

The consequences for common Memorial Day arrests vary greatly, but even minor offenses can impact your record and future:

Operating While Intoxicated (OWI)

• Up to 93 days in jail for first offense
• Fines up to $500
• License suspension for 30 days followed by restrictions
• Possible vehicle immobilization

Disorderly Conduct

• Misdemeanor charge
• Up to 90 days in jail
• Fines up to $500
• Permanent criminal record unless dismissed or reduced

Minor in Possession (MIP)

• $100 fine for first offense
• Possible substance abuse education
• Community service or probation in some cases

Don’t underestimate the seriousness of a misdemeanor. Repeat offenses, involvement with drugs, or injuries from an incident can quickly elevate charges to felonies. That’s why fast and effective defense is essential.

Getting Help from an Experienced Criminal Defense Lawyer

Whether you were charged with OWI, public intoxication, or disorderly conduct, having a skilled criminal defense attorney in your corner can mean the difference between a conviction and a clean record. An experienced lawyer will know the prosecutors, judges, and nuances of your local court and can often negotiate reduced charges or seek dismissal.

If you or a loved one has been arrested in Michigan over Memorial Day weekend, call criminal defense attorney Aaron J. Boria today. We have successfully defended hundreds of clients in cases ranging from DUI to assault, and we’ll fight for the best possible outcome in your case.

Contact Boria Law at (734) 453-7806 for your free consultation. You can also learn more about how we handle criminal defense cases and start building your strategy immediately.

Tips to Avoid Arrest Over Memorial Day Weekend

Not all Memorial Day celebrations need to end in handcuffs. Here are some practical suggestions to stay on the right side of the law this holiday:

• Use a Designated Driver or Ride Share: Planning ahead can avoid a DUI entirely.
• Know Michigan's Open Container Laws: Never drive with open alcohol in your car, even if it belongs to a passenger.
• Avoid House Parties Where Minors Are Drinking: Even if you’re 21, being present during underage drinking can land you in legal trouble, especially if hosting.
• Stay Respectful: Police are on high alert, so any behavior deemed aggressive or loud can draw attention and result in arrest.

Memorial Day should be a time of celebration and remembrance—not court dates and jail time. Stay smart, stay safe, and call for help if things go sideways.

Conclusion

Getting arrested over Memorial Day weekend can feel like your summer is over before it begins. Fortunately, help is out there. From DUI arrests to disorderly conduct charges, every situation has a legal solution—especially with the right legal team on your side.

The most important thing to remember? You are not alone. Contact Aaron J. Boria at (734) 453-7806 for a free, confidential case evaluation. We’ll walk through the details of your arrest, identify weak points in the prosecution’s case, and fight to have charges reduced—or dismissed entirely. Don’t wait. Call us today and take the first step toward protecting your freedom and your future.