Drinking & Driving Laws in Michigan

Drinking and Driving Laws in Michigan

The drunk driving law in the State of Michigan makes it illegal to drive with a .08 percentage blood alcohol concentration (BAC) or above. The .08 limit is the standard measure of the “impaired” driver across the United States. Michigan has lower BAC limits for drivers under the age of 21 and commercial drivers. In addition to Michigan’s OWI (Operating While Intoxicated) law, Michigan has another law called the OWVI (Operating While Visibly Impaired ) law. This law means that because drugs or alcohol (or both) are in your body, that your ability to drive was visibly impaired. Operating a motor vehicle with any amount of a Schedule 1 drug (Cocaine, Barbiturates etc.) is illegal under Michigan’s OWVI law.

How many drinks does it take to reach the legal limit in Michigan? This question is often asked by people who want to know how many drinks they can have before they are considered legally drunk. There are calculators and charts that will give you some idea of how close you are to reaching the legal limit, however these devices are reference tools, and should not be used to determine if you are sober enough to drive.

The best answer is not to drink and drive. The State of Michigan has strict laws for drunk driving, and when you drink and drive in Michigan, you risk your freedom, finances and your future.

Is a DUI a Felony or a Misdemeanor in Michigan?

Whether a DUI Felony Misdemeanor in Michigan depends on the surrounding circumstances that lead to the arrest. A first or second DUI conviction in Michigan is a misdemeanor offense unless the DUI involves an accident that causes death or serious bodily injury, in which case it may be classified as a felony. A third DUI within seven years is classifed as a felony.

Can you plead to a lesser offense than OWI in Michigan?

A defendant might receive a “wet reckless,” or a conviction of reckless driving involving alcohol, as a result of a plea bargain in which a charge of drunk driving is reduced to a case of reckless driving. There is no statutory provision on whether a wet reckless plea bargain will be accepted in Michigan but it’s possible a lawyer may be able to create a plea bargain for you.

 

This is a republished article.

Original post from Rich Stim, Attorney of drivinglaws.org