Probable cause is one of the most important issues in any Michigan OWI case. Police must justify three separate intrusions during a drunk‑driving investigation:
1. the stop,
2. the order to exit the vehicle and perform field sobriety tests, and
3. the arrest.
Each stage has its own legal standard, and each one can be challenged in court.
1. The Traffic Stop – Reasonable, Articulable Suspicion
The first question is whether the officer had a lawful reason to stop the vehicle. Under Terry v. Ohio, police must have specific, articulable facts suggesting a traffic violation or criminal activity. A hunch is not enough.
Common reasons officers claim include:
• weaving or lane departure
• speeding
• wide turns
• equipment violations
• anonymous tips
• “failure to maintain lane”
If the dashcam or bodycam video does not support the officer’s stated reason, the stop can be suppressed — and the entire case may be dismissed.
2. Ordering You Out of the Vehicle – The Rizzo Standard
Michigan adds a second layer of analysis. In People v. Rizzo (2000), the Court of Appeals held that an officer needs additional reasonable suspicion before ordering a driver out of the car to perform field sobriety tests.
The court ruled that odor of intoxicants alone can justify asking a driver to exit the vehicle. The threshold is low, but it is still a legal requirement.
This stage can be challenged when:
• the odor came from passengers
• the officer exaggerated the odor
• the report and video don’t match
• the officer’s observations are inconsistent
Most lawyers never challenge this step — but it is a real defense.
3. The Arrest – Probable Cause Based on the Totality of Circumstances
The third stage is the arrest itself. To arrest someone for OWI, the officer must have probable cause, which is a higher standard than reasonable suspicion. Courts look at the “totality of the circumstances,” including:
• performance on field sobriety tests
• driving behavior
• odor of alcohol
• statements made by the driver
• PBT results (if admissible)
• officer observations
• mistakes or inconsistencies in the report
This is where most litigation happens. If the officer rushed the investigation, misinterpreted clues, or conducted the tests improperly, the arrest can be challenged — and the chemical test may be suppressed.
Why Probable Cause Matters in OWI Defense
If any one of these three stages is unlawful:
• the stop
• the order to exit
• the arrest
then everything that follows — including the breath or blood test — may be thrown out. Many OWI cases are won not by arguing guilt or innocence, but by proving the police did not follow the law.
Probable cause is often the strongest defense in a Michigan OWI case, and it is one of the first issues I investigate.
