Are DUI Checkpoints Legal in Michigan?

Drinking and driving in Michigan (or anywhere else) is no laughing matter. Getting a DUI can not only cost thousands of dollars, but it can turn your life upside down—or, even worse, result in serious injury or death for yourself or others.

One way some states try to crack down on drunk drivers is with DUI checkpoints. You’ve probably seen them in movies, heard about them, or maybe even driven through one at some point in your life. Cops set up along the road (usually at night), stopping random drivers to check if they’ve been drinking. But while checkpoints are common in a lot of states, Michigan has its own rules when it comes to using them.

Are DUI Checkpoints Legal in Michigan?

No, DUI checkpoints are not legal in Michigan. According to White Law PLLC, the Michigan Supreme Court ruled DUI checkpoints unconstitutional in 1990, citing that they violate the state's constitution. While some states do allow them, Michigan law requires that police have reasonable suspicion or probable cause before stopping a vehicle, so random checkpoints are not permitted.

Surprisingly, more states allow DUI checkpoints, also known as sobriety checkpoints, than those that don't. In fact, only 12 states in the U.S. don't permit DUI checkpoints.

Even though DUI checkpoints aren't a thing in Michigan, cops here still pull people over and make DUI arrests. They just have to follow a different process. Instead of randomly stopping drivers like at checkpoints, they need a reason to stop you—like if you're swerving, speeding, or breaking any traffic laws. Once they pull you over, they need “probable cause” to believe you’re committing a crime before they can investigate further or make an arrest.