Why the Smell of Alcohol Matters to Police

If an officer approaches your vehicle and claims they smell alcohol, that's enough to initiate a DUI (Operating While Intoxicated, or OWI in Michigan) investigation. Under Michigan law, the odor of alcohol can serve as reasonable suspicion, giving police the legal grounds to probe further. This may include asking questions, requesting field sobriety tests, or even administering a preliminary breath test (PBT).

Importantly, smelling like alcohol doesn’t necessarily mean you’re legally intoxicated. The odor could be from a passenger, from a spilled drink earlier, or from a legally consumed beverage earlier in the evening. However, Michigan police are trained to take any such observation seriously.

What to Do in the Moment

If you're stopped by police after leaving a concert in Kellogg Park and they say they smell alcohol, it's critical to stay calm and follow legal guidelines:

• Remain Polite and Respectful: Arguing or becoming defensive never helps. A respectful demeanor may impact how lenient the officer will be or how much discretion they decide to use.
• You Have the Right to Remain Silent: You're not required to answer when the officer asks if you've been drinking. Politely state that you choose to remain silent or that you would like to speak to a lawyer before answering questions.
• You Are Not Obligated to Perform Field Sobriety Tests: Michigan law doesn’t require you to perform field sobriety tests. These tests can be subjective and used as evidence against you.
• Preliminary Breath Test (PBT): If a police officer asks you to take a PBT before arresting you, you can refuse. However, refusing a roadside PBT is a civil infraction, not a crime—unless you're under 21 or on probation. The real consequences come into play with the test at the police station, explained below.

Michigan’s Implied Consent Law

Once you're arrested for OWI, refusing a breath or blood test at the station triggers Michigan’s Implied Consent Law. This law states that by operating a vehicle on Michigan roads, you've implicitly agreed to such testing if arrested under suspicion of impaired driving.

Refusing a chemical test post-arrest (at the police station) leads to a one-year suspension of your driver’s license (longer if it's not your first refusal), six points on your driving record, and can ultimately weaken your defense if the case proceeds to court.

If you believe your refusal was based on a misunderstanding or you were incapable of giving consent due to a medical or emotional state, it could be worth challenging the implied consent suspension at an administrative hearing.

Open Container and Public Intoxication After Concert Events

Plymouth city ordinances and Michigan state law are crystal clear when it comes to alcohol in public areas. Kellogg Park itself does not allow open containers, and walking to your car with a drink—even if you are not driving—can lead to tickets or worse. Here are a few things to remember:

• Open Container Law: Michigan law prohibits open alcohol containers in motor vehicles, including parked cars on public property.
• Public Intoxication: While Michigan does not have a statewide law against public intoxication, you can still be cited or arrested for disorderly conduct, especially if you are causing a disturbance while under the influence.
• Minor in Possession (MIP): If you're under 21, simply possessing alcohol—even if unopened—can land you with an MIP charge. Recent reforms allow for some leniency for first-time offenders, but you could still face fines and mandatory behavior education programs.

What Happens If You're Arrested

If the officer believes they have enough probable cause following their brief interaction with you in Kellogg Park, they’ll likely arrest you and transport you to the local jail or police station for further testing. Here's what to expect next in a typical Plymouth-area OWI arrest:

1. Booking and Chemical Testing

Once at the station, the police will request that you submit to a chemical breath, blood, or urine test. As noted earlier, refusing this test comes with serious penalties under the Implied Consent Law.

2. Arraignment

You’ll likely be arraigned at the 35th District Court, located not far from Kellogg Park. At the arraignment, the judge will formally read the charges, set bond conditions, and schedule your next court hearing. Conditions often include alcohol testing, no possession of alcohol or drugs, and no further violations of the law.

3. Pretrial Hearing and Trial

An experienced OWI lawyer will use the window between arraignment and trial to challenge the officer’s stop, the legality of the search, results from sobriety tests, and more. These attacks are common when officers rely on “smelling alcohol” as the initial cause for the traffic stop.

Possible Legal Defenses

Whether you were unfairly profiled on your way out of Kellogg Park or truly made a mistake, there are several defenses our office can explore:

• No Probable Cause: If the officer only claimed to smell alcohol but had no objective signs of impairment, we may be able to challenge the stop altogether.
• Improper Sobriety Test Administration: Field sobriety tests require training. Poor conditions, loud environments (like after a concert), or medical conditions can all make the results unreliable.
• Faulty Breathalyzer Equipment: Calibration, data logs, and operator error can be used to cross-examine the test’s credibility.
• Violation of Rights: If you were denied the opportunity to call an attorney during critical phases, any resulting statements or tests could be suppressed.

Legal representation makes the difference. The earlier you involve a local defense attorney familiar with the 35th District Court, the better the odds we can have your charges reduced—or even dismissed.

Long-Term Consequences of an OWI in Michigan

Beyond the short-term stress of court appearances and testing, an OWI conviction in Michigan can follow you for years. Here’s what’s on the line:

• License Suspension: A first-time OWI could lead to a 30-day suspension and 150 days of restricted driving. Multiple offenses come with much harsher penalties.
• Fines and Costs: You will face court fines, driver responsibility fees, and possibly thousands more in increased insurance premiums.
• Criminal Record: An OWI conviction creates a permanent criminal record that may affect job applications, educational opportunities, and professional licenses.

How We Can Help

At Boria Law, we’ve handled hundreds of OWI, open container, and public intoxication cases across Michigan—including many right here in Plymouth. We know that getting stopped by police after a night at Kellogg Park can feel frustrating, frightening, and unfair. Let us guide you through the legal maze and fight to protect your rights.

Whether it’s developing a strong defense, negotiating for reduced charges, or pursuing dismissal of evidence, we are on your side. Our familiarity with area judges and prosecutors can offer a strategic edge in your case. Please don’t make the mistake of facing drunk driving charges alone.

Conclusion

The smell of alcohol alone should not define your future—especially if you weren’t impaired. Unfortunately, being stopped near a concert in Plymouth can lead to assumptions by law enforcement that aren't always backed by the facts. An OWI charge is serious, but it’s not unbeatable. Even if you made a mistake, your entire life shouldn’t be dictated by one decision.

Let us help. Boria Law offers experienced, passionate defense for people just like you—whether your legal trouble started with a police sniff or something more serious. Don’t give up. Call us at (734) 453-7806 and talk to someone who will fight for your freedom like it was their own.