Michigan Drunk Driving Laws
There’s no way to deny the fact that operating a vehicle while impaired (OWI) is one of the most dangerous behaviors a driver can commit. In the United States alone, thousands of motorists are injured or killed in alcohol-related accidents each year. Given the threat an impaired driver poses to the public, lawmakers have passed a number of laws to prevent drivers from getting behind the wheel while intoxicated—and Michigan is just one of the most recent states to enact such tough legislation. Here are some of the most important Michigan drunk driving laws that every driver should know:
Like most states, law enforcement officials in Michigan base alcohol impairment on blood alcohol content (BAC), a metric used to determine the amount of alcohol in a driver's bloodstream. To calculate BAC, officers rely on chemical testing methods such as breathalyzers and blood or urine tests. As dictated by Michigan's Implied Consent Law, you are legally obligated to perform any type of chemical test if an officer suspects you of driving under the influence. In fact, the penalties for refusing the test can often be more severe than for failing it.Under the state's BAC guidelines, any driver who has a BAC of 0.08% or more is automatically impaired—regardless of his or her ability to drive. In addition to this limit, Michigan law prohibits underage motorists from operating a vehicle with a blood alcohol content of 0.02% or higher. Likewise, commercial vehicle operators must comply with a lower BAC limit of just 0.04%.
However, even if you do not have an illegal amount of alcohol in your system, you can still be arrested for drunk driving if you show signs of impairment. Under state law, an Operating a Vehicle while Visibly Impaired (OWVI) charge may be filed against any driver who displays unsafe driving behaviors (such as swerving, weaving in and out of lanes, or driving on the wrong side of the road, for example) if the individual in question has any alcohol in his or her system at all.
The exact penalties for a Michigan drunk driving conviction will depend primarily on your prior history of driving under the influence. If this is your first offense, your punishment may include up to $500 in fines, a six-month license suspension, and a 93-day jail sentence. You may also be required to pay a $1,000 driver responsibility fee for the next two years and/or ordered to perform community service—and these penalties will only increase with each subsequent OWI/OWVI conviction.
A second offense, for example, carries a minimum one-year license suspension, as well as up to a one-year jail sentence and $1,000 fine. And, after two convictions, the offense will be classified as a felony—leading to the permanent loss of your voting rights, as well as your eligibility to obtain a passport and purchase a firearm.
Fortunately, it is possible to challenge a Michigan drunk driving arrest and avoid the consequences of an OWI or OWVI conviction. To learn how, simply submit your information online today and a skilled defense attorney in your area will be in touch with you shortly to schedule a free, no-obligation evaluation of your case.
