QUESTION
Can I physically stop someone from driving intoxicated?
Asked on Dec 11th, 2012 on Criminal Law - Michigan
More details to this question:
In the state of Michigan, can I legally physically stop someone from driving while visibly intoxicated; for instance, if I was to detain them until police arrived? Would this be considered some type of citizen’s arrest, and could I be subject to a charge of false arrest or unlawful imprisonment/detainment or kidnapping?
6 ANSWERS
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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Take away the keys. You don't have to take any action that will cause other issues.
Answered on Dec 11th, 2012 at 11:45 PM
General Practice Attorney serving Sterling Heights, MI
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Law Office of Derik R. Girdwood
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You can only stop someone, make a citizen's arrest, who is in the process of a felony. Drunk driving is usually a misdemeanors, so the answer is no. Call 911.
Answered on Dec 11th, 2012 at 11:31 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You can, and certainly should discourage them from driving. I would not detain them but you may call the police and describe the person, car, license number and its location or direction.
Answered on Dec 11th, 2012 at 10:05 PM
Michael J. Breczinski
In Michigan would not advise this. First a private person has no righto arrest for a misdemeanor just for felonies. (There is an exception for shoplifting if you are a merchant.) Second drinks often get violent. I would suggest disabling the car or calling the police instead.
Answered on Dec 11th, 2012 at 10:04 PM
Don't get involved. What's it to you? How would YOU like it if someone didn't like what you were doing and knocked you to the ground to arrest you for some nonsense. You can be sued for assault and false imprisonment.
Answered on Dec 11th, 2012 at 10:00 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Yes. You cannot do this as its a crime to assault or detain someone against their will.
Answered on Dec 11th, 2012 at 10:00 PM