Michigan DUI Information

Safe Time

By: Jamie Wagner - Staff Writer

For any Michigan Tech student the road and highway systems are a big part of every break, including the semester break coming up. As most of us prepare for the long automotive trek home for the holiday season, we are worried about the road conditions being snowy, icy, whiteout or just plain slow. What may not be common knowledge is that this is the worst time of year for losing your life on the road because of alcohol. Mothers Against Drunk Driving cite that in 1999, 1,610 people were killed in alcohol-related traffic fatalities between Thanksgiving and New Year's Day.

We have all heard the facts and numbers about drunk driving statistics, but one fact that can be found with any alcohol statistics is that every 33 minutes someone is killed in a drunk driving accident.

The percentage of drunk driving fatalities for Michigan, Wisconsin, and Minnesota are all above the national average of 38.4%. In the latest year that data is available, 1998, 536 people lost their lives in Michigan drunk driving accidents. 302 died in Wisconsin, and 280 in Minnesota. Nationwide, 15,935 people were killed by drunk drivers in 1998. In 1999 this number was slightly down to 15, 736 alcohol-related motor vehicle deaths.

The Blood Alcohol Content levels for Michigan, Wisconsin and Minnesota are all 0.1 BAC. A woman of average health that weighs 140 pounds is legally intoxicated after three drinks in one hour—though her impairment begins with the start of her second drink. For an average healthy man weighing 170 pounds with a full meal in his system, four drinks in one hour will put him at the legally intoxicated level.

To help prevent and combat drunk driving Congress signed a bill in October of 2000 to establish a .08 BAC as the national standard for impaired driving. States have until 2003 to adopt the .08 level and those that do not will have highway construction funds withheld from them every year with the penalty increasing each year. The Transportation Equity Act for the 21st Century also created incentive grants for states enforcing the .08 BAC standard.

The reason that .08 BAC was chosen is from the results of years of research and studies. Over 80 percent of drivers involved in fatal crashes had alcohol levels exceeding .08 BAC.

All states have strict laws for repeat drunk driving offenders including license and vehicle sanctions, alcohol assessment programs, and mandatory imprisonment or community service. But two thirds of all drunk drivers apprehended each year are first time offenders.

The state of Michigan has tough drunk driving laws to protect those out on the road. These laws have been advertised on radio and TV and in the news in the past year. These laws apply to those over the legal drinking age of 21. The first time a person is convicted of driving after drinking the driver's license will be suspended for 30 to 90 days and four points will be added to the driving record. Michigan's Zero Tolerance law for underage drunk drivers leaves an underage offender nearly defenseless in a court of law.

After being stopped for drunk driving several different charges can be brought against the offender. Operating While Impaired (OWI), means that because of alcohol or other drugs in the body, the ability to operate a motor vehicle was visibly impaired. For a first time offender, the driver's license will be suspended for 90 days and fines up to $300 can be imposed, and/or jail time community service, or vehicle immobilization. For a second offense of OWI, the license is revoked, license plates confiscated, and possible vehicle forfeit. Jail time and community service are also possibilities as well as more fines up to $1000.

The Operating Under the Influence of Liquor offence means that the alcohol in your body substantially affected your driving ability so that you could not operate a motor vehicle safely.

Charges for this are the same as charges for Operating With an Unlawful Bodily Alcohol Content (UBAC), which means at the time you were driving, your bodily alcohol content was 0.1 or more. First time offenders lose their license for six months and face 180 days of immobilization. Jail time and community service and/or $100 to $500 in fines can be levied. Repeat offenders face more serious jail time, revocation of their driver's license, plates and vehicle are almost certain.

If the drunk driving incident causes bodily harm to someone a five-year felony penalty is applied to the drinker. If someone is killed in the drunk driving incident a 15-year felony charge for that conviction is imposed.

When pulled over the police will ask the driver to take some sobriety tests, and refusing is not an option that should be exercised. A Preliminary Breathe Test is the roadside test that can be given immediately and refusal results in a civil infraction and fines up to $100. Under 21 year old drivers will automatically have two points added to their records. After arrest the chemical test is given to determine the BAC, and refusal of this test adds six points to the record, the destruction of the driver's license, and suspension of it for six months months.