Top Michigan DUI Lawyer Predicts that Drunk Driving Arrests Will Skyrocket Starting in June

How Much is Legal Limit to Drive in Michigan?

For most drivers the legal limit to drive in Michigan is .08. For people under the age of 21, Michigan has zero tolerance, which is legally defined as .02 or above. Commercial drivers, such as truckers and limousine drivers, can’t have a BAC of more than .04 to drive legally.

Is it Legal to Drink and Drive in Michigan?

Yes, drinking and driving is legal in Michigan. This means there’s nothing illegal about going out and tossing back a few with friends. What is illegal is to drink enough alcohol to become either impaired or intoxicated.

What is Difference Between Operating While Intoxicated and Driving With Unlawful BAC?

There are several different ways you can be convicted of OWI in Michigan.  For example, you can be arrested and charged with driving under the influence (OUIL) based only on the way you look and act. If you’ve consumed enough alcohol to have your driving materially and substantially effected, then you can be convicted of drunk driving. The police don’t need an unlawful breathalyzer test showing you’re above the legal limit to charge you with and OWI based on the OUIL theory. This means you can be convicted of an intoxicated OWI drunk driving with a blood alcohol concentration or BAC below .08. Consequentially, the reality is there really is no safe alcohol limit in Michigan. You can be charged with drunk driving, and convicted of OWI even with a BAC below .08.

Your Best Bet is to Not Drink

Everyone metabolizes alcohol differently. One way to know if you are intoxicated is to check your bodily alcohol level and see if you are at or near the legal limit in Michigan of .08. The trouble is, there is no reliable way for a “civilian” to check their breath. The portable breath testers on the market all have limitations and while they make fun party favors, they can and should never be relied on for legal purposes. This is true, if for no other reason, because all measuring equipment must be routinely calibrated to assure accuracy and reliability, and this requires the use of a reference standard. Not only are reference standards hard to obtain for non-law enforcement personnel, they are expensive and difficult to use.

That leaves counting drinks as the best solution. Each drink of alcohol, defined as one 12 oz 5% beer, 5 oz 12% wine or 1.5 oz of 80 proof liquor is considered a standard “unit” of alcohol, and a unit of alcohol can raise a person’s breath alcohol by approximately .02. Easy math therefore suggests that it takes 4 drinks to get to the legal limit. However, due to the variety of factors that can impact this result, the Michigan DUI lawyers at the Barone Defense Firm recommend never drinking more than 1-2 drinks before driving a vehicle. Plus, the legal limit is not the only way for prosecutors to convict you of drunk driving in Michigan. If a prosecutor can prove, based on the observations of the arresting police officer, that your ability to operate was lessened to the point it was noticed, then this alone can be sufficient to get a conviction.

Your safest bet is to always designate a driver or find substitute sober transportation home. If you do get stopped by the police, always cooperate, be polite and be ready to quickly provide your driver license and vehicle registration. You are legally justified in refusing to perform any field sobriety tests and/or breath test results, but this may not be your best choice. A jury might conclude that you refused the field tests because you knew you were drunk.

Finding a Top Michigan DUI Lawyer

Even if you’re trying to drink responsibly you can still end up charged with drunk driving. If you’re convicted you face loss of driving privileges and jail time. If despite your best efforts you find yourself facing a drunk driving charge, here is a guide for finding a top Michigan DUI lawyer. Once you’ve done your research, contact the DUI lawyers at the Barone Defense Firm for your free no obligation case review.