Is It Legal to _ in Michigan? What You Need to Know

1. Is it legal to have alcohol in your system in Michigan if you are under 18? No! You should never have alcohol in your system when you are younger than 21 years old.
2. Is it legal to have alcohol in your car if you are under 21? No! You should never have alcohol in your possession if you aren’t 21 years old, even if it hasn’t been opened.
3. Is it legal to have alcohol in your system if you are under 21? No! You should never have alcohol in your system when you are younger than 21 years old.
4. Is it legal to drink at a party if the parents are home and we are under 21? No! You are not allowed to drink alcohol until you are at least 21 years old… NO EXCEPTIONS!
5. Is it legal for parents to get in trouble if they are not home and have no knowledge of underage drinking at their home? Yes! The homeowners are responsible for everything that happens at their home whether they know what’s happening or not.
6. Is it legal for someone over 18 to store marijuana in my car when I am only 16? No! No one under the age of 21 should ever have marijuana.
7. Is it legal for the police to make me tell them my security code for my phone? It depends… but probably not. In order for the police to be allowed to go through your phone they need to have a warrant. They don’t need a warrant if you give them permission, if you are being arrested for a serious crime, or if there is an immediate threat to public safety.
8. Is it legal for the police to make me tell them my password for my social media? It depends… if there is a search warrant that says you need to share your social media passwords then you are required by law, otherwise you don’t have to.
9. Is it legal for the police to make me use my fingerprint to open my phone? It depends… but probably not. In order for the police to be allowed to go through your phone they need to have a warrant. They don’t need a warrant if you give them permission, if you are being arrested for a serious crime, or if there is an immediate threat to public safety.
10. Is it legal for the police just to take my phone? It depends… If you are being arrested for a crime then the police are allowed to take your phone, but they can’t search it without a warrant or probable cause.
11. Is it legal for me to have a vape in school? No! Michigan’s clean indoor air act makes it illegal to smoke and/or vape indoors, but unless you’re 21 years old or older, it’s not legal to vape anywhere.
12. Is it legal to vape in my car? It depends! While there are no laws stopping anyone from vaping and driving, there are laws about where you can and cannot smoke. If you are in your car and parked somewhere smoking/vaping is prohibited, you can still get in trouble.
13. Is it legal to drop out of school? Yes! If you are 16 years old you can drop out without parents’ permission.
14. Is it legal to be expelled from school? Yes, you can be expelled from you legally.
15. Is it legal to miss school? It depends on what you are missing school for. If you are going to a doctor’s appointment, you are allowed to miss school but if you are skipping because you don’t feel like it – that’s against the law.
16. Is it legal to drive with a dog on your lap? Yes! Michigan does not have any laws that say you can’t have your dog on your lap, but that does not mean it’s safe for you or your dog.
17. Is it legal to hold your cell phone while driving? No! Michigan law recently was changed to crack down on distracted driving. It is illegal to be holding your phone in anyway while driving. It can’t be in your hands at all.
18. Is it legal to type into my phone GPS while driving? No! In Michigan you must be always driving completely hands-free.
19. Is it legal to drive in flip flops? Yes! Contrary to popular belief, there are no laws about what kind of shoes you must wear while driving.
20. Is it legal to drive without shoes on? Yes! While many people believe it’s illegal to drive in flip flops or even barefoot, there are no laws stopping you.
21. Is it legal to drive naked? Yes! There aren’t any laws about what you must wear while driving.
22. Is it legal to drive without a shirt on? Yes! There aren’t any laws about what you must wear while driving.
23. Is it legal to fix your hair or make up while stopped at a traffic light? Yes! There aren’t any laws stating fixing your hair or makeup at a light is not allowed.
24. Is it legal to refuse to blow when pulled over and the officers ask you if you have been drinking? Yes! You are allowed to refuse to blow into a breathalyzer when pulled over, and it cannot be used against you either!
25. Is it legal to refuse to answer an officer’s questions at a traffic stop? Yes! You have the right to remain silent, but you must tell the officers that you are invoking your right, you can’t just sit in silence.
26. Is it legal to give an officer a fake name at a traffic stop? No! Giving a fake name can be considered “obstructing justice” and is a crime.
27. Is it legal for my baby’s mother to refuse me parenting time? No! The child has a right to parenting time with each parent unless a Judge determines that it would endanger the child.
28. Is it legal for the police to arrest me without reading me my rights? Yes! The police do not need to read you your Miranda rights until they begin questioning you.
29. Is it legal for the police to talk to my child without me present at school? Yes! There aren’t any laws specifying that a minor child can only be questioned with parent supervision.
30. Is it legal for CPS to talk to my child without notifying me first? Yes! If CPS has decided that they need to talk to your kids, the school is required to cooperate and let them meet with them. CPS does have to notify you after.
31. Is it legal for me to leave Michigan to have my baby? Yes! There are no laws that control where you can or cannot have your baby.
32. Is it legal for me to leave Michigan to have an abortion? It depends… Abortions are legal in Michigan, but it is not legal in all, make sure you are aware of abortion regulations where ever you may go.
33. Is it legal for me to come to Michigan to have an abortion? Yes! Abortions are legal in the state of Michigan.
34. Is it legal for me to have a baby without identifying the father? Yes! In cases where a father is not named, sole legal custody is typically given to the mother.
35. Is it legal for me to have a baby if my other children are in foster care? Yes, it is technically legal to have a baby, but CPS will likely be notified.
36. Is it legal for the hospital to give my baby a drug test when she or he is born? Yes! It is legal to drug test a baby when they are born but it is not required by state law unless there are suspensions of drug use or drug use has been reported.
37. Is it legal for the hospital to refuse to let me see my baby? Yes, the hospital has to do what is in the best interest of the child, and if they feel they child would be in danger they can keep them away from you.
38. Is it legal for the police to knock on my door and break it down to enter? It depends… if the police have a search warrant then they are allowed to break the door down if necessary.
39. Is it legal for the police to look for a shotgun in my jewelry box? It depends… if the police have a warrant to search your belongings, then yes, they are allowed to look in your jewelry box.
40. Is it legal for the police to take my car if I am arrested? Yes! If you have been arrested then your car will be towed and taken to an impound lot.
41. Is it legal for the police to arrest a passenger in a car?
42. Is it legal for the police to arrest a passenger in a car with an open container? Yes! Passengers drinking or holding open container of alcohol are breaking the law in the state of Michigan and can be arrested.
43. Is it legal for the police to arrest a passenger in a car with a firearm? It depends… if the owner of the gun has a CPL License then there is no reason for them to be arrested. If you don’t have a CPL it must be transported correctly, if neither of those apply and you can be arrested.
44. Is it legal for evidence of my past crimes to enhance my sentence now? Yes! There are what’s called “habitual offender laws” that in state that your sentence can be increased up to 1.5x the maximum sentence. There are also prior record variables that impact sentencing as well.
45. Is it legal to have to register as a sex offender because I have a new felony conviction that is not a sex offense? It depends, if you were previously registering but have stopped, a new felony conviction would not be the reason you have to start registering again. If you are currently registering, continue as usual.
46. Is it legal for my neighbors to post flyers telling everyone I am a convicted sex offender? It depends… if you are a convicted sex offender and they aren’t posting your address or any contact information then there are no laws against it. If you’re address or contact information and/or you are NOT a convicted sex offender than you can take legal action against them.
47. Is it legal to paint/draw graffiti? No! Graffiti is considered “malicious destruction of property” in Michigan and can a misdemeanor or felony be depending on the amount of damage done.
48. Is it legal for me to be charged as an adult if I am 17? Yes! In Michigan if you are 17 years old you can potentially be charged as an adult.
49. Is it legal for the court to require me to have a tether when I cannot afford to pay for it? Yes! To make sure that you are meeting your sentencing and/or bond conditions a tether can be required. If you truly cannot afford the fees you can ask the court for alternatives or programs to help you pay for it.
50. Is it legal to not pay child support if I don’t have a job? No! If you lose your job you can ask your attorney to submit a motion to the court asking them to suspend or change your child support. You have to contact the court and be honest about your situation, and when you get a job, it is likely that child support payments will go back to normal.
51. Is it legal to not pay child support if I do not see my children? No! Children have a right to be financially supported by both their parents, and just because you are not seeing your child does not mean that you don’t have to pay.
52. Is it legal to not pay child support if my parental rights have been terminated? No! Children have a right to be financially supported by both their parents, and just because your parental rights are terminated doesn’t mean you don’t have to pay.
53. Is it legal to not pay child support if I am not on the birth certificate? It depends… Michigan law allows the mother of a child to start a case to request child support, but she must be able to prove that you are the child father.
54. Is it legal for the baby’s mom to say I am not the dad and I know I am? It depends… if you are on the birth cert, the mother needs to prove that you are not the father. If you are not on the birth certificate you can ask for a DNA test.
55. Is it legal for my mom to adopt my baby? Yes! There is no reason that your mom cannot adopt your child, but just because she is your mom doesn’t mean she doesn’t have to go through all the same steps other people go through in the adoption process.
56. Is it legal to lose my gun rights if I am accused of a crime? It depends… it is both a federal and Michigan law that if you are convicted of a felony charge then you lose your gun rights. If the accusations are false then you will not lose your gun rights.
57. Is it legal for me to be charged if there is only a statement from a girl and no other evidence? Yes! Charges can be pressed on accusations alone but that does not mean you will be found guilty.
58. Is it legal for my attorney not to call me back? Yes! There are no laws regulating the contact you have with your attorney or how often you talk to them. If you are not happy with your attorney and they are not speaking with you as often as you need, it might be time to find a new one.
59. Is it legal for me to have a trial without a jury? It depends… in some cases, there may be a bench trial instead of a jury trial. During a bench trial there is not jury present and the Judge makes a decision based on the facts of the case.
60. Is it legal for me to run away from the police? No! If you are caught running from the police you can be charged with fleeing and eluding.
61. Is it legal to pee in a parking lot after a concert? No! While there aren’t any laws explicitly stating that you are cannot pee in public, if caught, you could be charged for disorderly conduct and/or indecent exposure.
62. Is it legal to put trash in a restaurant dumpster? No! Throwing trash away on private property without permission is a misdemeanor.
63. Is it legal to have snow on the roof of your car driving? It depends… If you have enough snow on your roof to create unsafe driving conditions for others on the road then that is against the law, but there is no reason to panic otherwise.
64. Is it legal for an attorney to post bond for a client? No! Not only is it illegal, but it’s also unethical.
65. Is it legal for the court to keep 10% of my bond if I am not guilty? It depends… if you posted cash bond then you can expect your bond to be returned in full, if you posted a percent bond, the court could keep 10% of that.
66. Is it legal for me to held in jail without being charged? Yes! You can be in jail for 72 hours (not including the weekend or holidays) before you are charged.
67. Is it legal for me to be denied one phone call? Yes! There are no laws that specifically state a person is entitled to a phone call after being arrested.
68. Is it legal for the police to speak to me after I tell them I want a lawyer? No! After letting the officer know you want an attorney present they are obligated to stop asking questions.
69. Is it legal for the police to make me get out of the car at a traffic stop? Yes! There aren’t any laws that require you to get out of your car for a traffic stop but if the officer asks you to get out and you refuse, you can be charged with obstructing justice.
70. Is it legal for the police to pose as 15-year-old girls on dating apps to catch predators? Yes! The police are allowed to investigate undercover, and posing as a minor online can be a part of that process.
71. Is it legal to send a nude photo of myself? It depends… How old are you? Does the other person you are sending the photo to want it? Two consenting adults can send photos of themselves to each other whenever they want to. Anyone younger than 18 years old can be charged for making and distributing child pornography.
72. Is it legal to take a nude photo of someone else? It depends… How old are they? Do they know you are taking the photo and do they want you to? An adult can take any kind of photo of another consenting adult.
73. Is it legal for me to make a sex tape for distribution if I am 18 and the people in the tape are 16? No! If the people in the sex tape are under the age of 18 you are making and distributing child pornography and that is illegal.
74. Is it legal to have a pet monkey? Yes! Michigan doesn’t require any kind of special license to own a monkey.
75. Is it legal to drop F bombs in public? No! Technically, you could be found guilty of a misdemeanor, but you can’t be prosecuted unless it’s been more than 5 days since you swore.
76. Is it legal for my landlord to call the police without giving me a warning that I am too loud? Yes! They don’t need to warn you but just because they call the police does not mean anything will come from it.
77. Is it legal for a hotel to evict me without a warning because I am too loud? Yes! There are no rules that require the hotel to give you a warning.
78. Is it legal for the police to keep my phone? It depends… the fourth amendment protects you against unreasonable search and seizures. In order for the police to keep your phone they must have probable cause.
79. Is it legal for me to drink alcohol while on probation? It depends on the terms of your probation. It is not always required to stay sober.
80. Is it legal for me to have marijuana in my system if I am under 18? It depends… There are some minors who have been prescribed medicinal marijuana and can legally have the drug in their system, otherwise you will be facing minor in possession charges.
81. Is it legal for me to borrow a car that is valet parked? No! That’s stealing.
82. Is it legal not to leave a tip? Yes. There aren’t any laws saying that you have to tip servers or restaurants.