Can You Challenge an OWI Charge If the Traffic Stop Was Illegal?

Being pulled over is stressful enough on its own. Add an OWI charge into the mix and that stress multiplies fast. But here’s something many people don’t realize: if the traffic stop that led to your charge was conducted unlawfully, you may have grounds to challenge the entire case. At Van Den Heuvel Law Office, we work to protect your rights at every stage of the legal process, starting with the stop itself.

If you were illegally pulled over and are now facing OWI charges, our attorneys can help you understand:

• How a lack of reasonable suspicion can invalidate a traffic stop
• Why improper lane-violation stops may be challenged
• How anonymous tips can be disputed as a basis for a stop
• How unlawfully obtained evidence can be suppressed in court

What Is Reasonable Suspicion, and Why Does It Matter for Your OWI Case?

Under the Fourth Amendment to the U.S. Constitution, law enforcement officers must have a legal basis before pulling a driver over. In Michigan, this means an officer needs to have an articulable and reasonable suspicion that a traffic violation or other offense has occurred. Without it, the stop itself may be unconstitutional.

Common reasons police use to justify a traffic stop include:

• Speeding or driving too slowly
• Running a red light or stop sign
• A broken taillight or expired registration
• Swerving or erratic lane changes

The keyword here is “reasonable.” The standard is objective, not subjective. An officer cannot pull someone over based on a hunch or personal bias. If the reason cited for your stop doesn’t meet this legal threshold, your attorney can file a motion to suppress all evidence gathered as a result of that stop, potentially leading to a dismissal of your OWI charge.

Can an Improper Lane-Violation Stop Be Used to Challenge Your OWI Charge?

Lane violations are one of the most commonly cited justifications for traffic stops in OWI cases. An officer may claim a driver drifted across a lane line or failed to signal properly. However, not every minor deviation qualifies as a genuine violation under Michigan law.

If the observed behavior doesn’t meet the legal definition of a lane violation, the stop may be deemed unlawful. For example, briefly touching a lane line on an otherwise clear road may not constitute an infraction sufficient to justify a stop. Your attorney will review police reports and the specific circumstances of the stop to determine whether the officer’s justification holds up to scrutiny.

This matters because if the lane-violation stop is thrown out, any evidence collected afterward, including field sobriety tests and breathalyzer results, cannot be used against you.

How Can You Challenge an OWI Stop Based on an Anonymous Tip?

According to the Michigan State Police, when police stop a vehicle based on an anonymous 911 tip about a suspected drunk driver, the tip must reliably identify the vehicle and provide a credible description of the suspected criminal activity, or it may create grounds for a legal challenge if these requirements are not met.

Courts evaluate anonymous tip-based stops by examining several factors:

• How detailed and accurate was the information provided by the tipster?
• Did the officer independently observe any behavior that corroborated the tip?
• How much time passed between the tip and the stop?

If the officer had no independent observations and relied solely on a vague or uncorroborated tip, the stop may lack the legal foundation required under the Fourth Amendment. Reviewing 911 audio recordings and transcripts is a critical part of building this type of defense. The totality of the circumstances must support reasonable suspicion, and without corroboration, that bar may not be met.

What Happens to Evidence Obtained from an Unlawful Traffic Stop?

This is where the legal stakes become very real. Under the “fruit of the poisonous tree” doctrine, any evidence gathered as a result of an unconstitutional stop is generally inadmissible in court. That means:

• Breathalyzer or blood test results may be suppressed
• Field sobriety test observations may be excluded

When key evidence is suppressed, prosecutors are often left without enough to sustain an OWI charge. In many cases, this results in the charges being reduced or dismissed entirely. Your attorney would file a motion to suppress before trial, which is heard by a judge at a pre-trial hearing. A successful motion can change the outcome of your case.

Protect Your Rights With Van Den Heuvel Law Office

An unlawful traffic stop is not a technicality to be brushed aside. It is a constitutional violation that can and should be challenged. From reviewing dashcam footage to filing suppression motions, the attorneys at Van Den Heuvel Law Office know how to scrutinize every detail of your case and fight for the best possible outcome.

If you’ve been charged with an OWI in Michigan and believe your traffic stop may have been conducted unlawfully, contact Van Den Heuvel Law Office today for a consultation.