Why Michigan Sees More DUI Checkpoints in September

September marks the unofficial beginning of fall in Michigan. It’s a month loaded with community activities, tailgating parties, and fall festivals. Many of these festivities include alcohol, which unfortunately increases the risk of impaired driving.

The Michigan Office of Highway Safety Planning (OHSP) often launches statewide traffic enforcement campaigns around this time, especially on weekends that coincide with Labor Day, homecoming games, and local festivals. These campaigns are not random—they are backed by statistics. According to the OHSP, alcohol-related crashes spike significantly during the fall months, particularly on weekends in September and October.

In response, Michigan State Police and local police departments collaborate for targeted "Drive Sober or Get Pulled Over" campaigns. These include DUI checkpoints, saturation patrols, and increased scrutiny in known hot spots like downtown areas after bars close.

What Exactly Are DUI Checkpoints and Are They Legal in Michigan?

Unlike some other states, Michigan law actually bans DUI checkpoints. That's right. While you may have seen or heard of random checkpoints in places like Ohio or Florida, Michigan’s top court has ruled these types of stops unconstitutional under the state constitution. Specifically, the Michigan Supreme Court’s decision in People v. Sitz, 443 Mich 744 (1993), declared sobriety checkpoints a violation of the Michigan Constitution’s protections against unreasonable searches and seizures.

So, if you live here in Michigan, you're not going to be pulled over at a random checkpoint without individualized suspicion. That doesn’t mean law enforcement is letting loose, though. Michigan police departments adapt by using other enforcement strategies allowed under state and federal law, including:

• High-visibility patrols in areas with heavy foot traffic and bar access
• Roving DUI patrols during peak hours (usually between 9 PM and 2 AM)
• Pulling drivers over for traffic violations (like swerving, not using a turn signal, or speeding) and following up with field sobriety tests

In other words, you won’t be sitting in a line waiting to be questioned at a roadside checkpoint, but you will face scrutiny if you appear impaired behind the wheel, especially this time of year.

Your Rights During a DUI Stop in Michigan

Getting pulled over after a festival or football game can be nerve-wracking—especially if you had a drink or two. Knowing your rights under Michigan law could protect you from unnecessary charges or even an unlawful arrest. Here’s what you need to know:

1. Reasonable Suspicion Is Required

In Michigan, law enforcement must have a reason to stop you. That reason could be speeding, a broken taillight, or something more specific like weaving between lanes. If you're stopped without any probable cause or reasonable suspicion, evidence obtained during the stop might be inadmissible in court.

2. You Don't Have to Answer Every Question

When stopped, you're required to show your driver’s license, vehicle registration, and proof of insurance. Beyond that, you’re not obligated to answer incriminating questions like “How much have you had to drink tonight?” Politely declining to answer further questions until you speak with an attorney is within your rights.

3. Refusing a Breath Test Comes with Consequences

Michigan has an "implied consent" law. That means by driving on public roads, you agree to chemical testing (breath, blood, or urine) if you're arrested for suspected DUI. Refusing this test after arrest—not during a traffic stop—can result in a one-year license suspension and six points on your driving record.

If you're asked to take a preliminary breath test (PBT) during a traffic stop before being arrested, you do have the right to refuse—but police may still arrest you based on other observations.

What to Expect After a DUI Arrest in Michigan

If you're arrested for DUI (or OWI—Operating While Intoxicated, as it's officially termed in Michigan), here’s what typically happens next:

• Booking: You’ll be taken to the station for fingerprinting, mugshots, and processing.
• Arraignment: You’ll appear before a judge, who will formally read the charges against you and determine bail or bond conditions.
• Pretrial: Your attorney will evaluate the prosecution’s evidence, file any pretrial motions (such as suppressing chemical test results), and negotiate for dismissal or a plea agreement.
• Trial: If the case goes to trial, the prosecution must prove beyond a reasonable doubt that you were operating a vehicle under the influence of alcohol or drugs.

Penalties for DUI in Michigan can be serious—even for first-time offenders. They include:

• Up to 93 days in jail
• Driver’s license suspension or restriction
• Up to $500 in fines and court costs
• Mandatory alcohol education or treatment programs
• Installation of an ignition interlock device in some cases

Fall Festival Arrests: Real Risks in Real-Time

Local festivals often result in DUI charges, even for people who thought they played it safe. We’ve seen cases where drivers had a drink at the Plymouth Fall Festival or grabbed a beer during a Michigan football game, waited a few hours, and felt fine to drive—only to be pulled over for something as small as a burned-out license plate light.

In one recent case, a client was arrested after leaving an Oktoberfest event in Canton. He was pulled over for crossing the fog line, administered a roadside PBT, and taken in for further testing. His BAC came back at 0.09—just over the legal limit of 0.08. With our help, we negotiated for a reduced charge, avoiding the harsher penalties of an OWI.

Moral of the story: Even if you don’t feel impaired, your BAC may say otherwise. Play it safe and know the risk is real.

How to Protect Yourself This Fall

If you’re attending festivals or events where alcohol is served, here are some tips to keep you and your record safe:

• Designate a Driver: Always the safest route. Take turns, share rides, or use a rideshare service like Uber or Lyft.
• Know Your Limits: Everyone metabolizes alcohol differently. Just one drink per hour might still put you over the limit.
• Give it Time: “Waiting it out” isn’t foolproof. It can take several hours to eliminate alcohol from your system, and food or coffee won’t speed it up.
• Don’t Consent Without Understanding: You do not have to consent to every test or answer every question. Know your rights and politely decline until you talk with a lawyer.

Got Arrested for DUI? Don’t Panic—Get Help

If you or someone you care about gets arrested during this fall festival season, know that you don’t have to navigate the legal process alone. An experienced DUI defense attorney can scrutinize the circumstances of your stop, chemical testing procedures, and court procedures to protect your rights.

DUI lawyer Aaron J. Boria has successfully defended DUI cases across Michigan, including reduced charges, dismissals, and not guilty verdicts. Whether it’s your first offense or a repeat charge, we fight to get you the best possible result.

Call Boria Law today at (734) 453-7806 for a free consultation. We’ll review your case, explain your options, and start building your defense immediately.

Conclusion

Fall is a beautiful time in Michigan—apple orchards, bonfires, and tailgates help us say goodbye to summer and welcome the cooler months. But with that fun comes heightened enforcement from law enforcement, especially where alcohol is involved. Understanding that DUI checkpoints are illegal in Michigan doesn’t mean drivers are off the hook. Roving patrols and stringent OWI enforcement mean anyone getting behind the wheel after drinking risks serious consequences.

Know your rights, plan ahead, and if things go south, get help from a criminal defense expert who knows Michigan’s DUI laws inside and out. Your record and your future are worth protecting. Stay safe—and enjoy fall, responsibly.