William S. Morrison
4000 Livernois,
Suite 140
Troy, Michigan 48098
248-680-1133
help@actiondefense.com |
Drunk Driving in Michigan, .08 and Below-- Lower Limit -- Tougher Law.
Michigan’s tolerance for drunk drivers is going down when .08 blood-alcohol content (BAC) becomes the new drunk driving standard. Michigan previously had a two-tiered standard, with .10 BAC or greater considered drunk driving and .08-09 BAC being impaired driving. Now, any amount of alcohol can indicate impaired driving.
Michigan is the 44th state to adopt an .08 BAC standard for drunk driving offenses. Many studies show that .08 BAC laws save lives. The National Highway Traffic Safety Administration (NHTSA) estimates the country would save 400-600 lives each year if all states adopted .08 laws. The change also means Michigan avoids significant federal penalties and the loss of highway construction funds.
A first-time offender convicted of drunk driving faces:
* Up to 93 days in jail
* Up to a $500 fine
* Up to 360 hours of community service
* Up to 6 points on a driver’s license
* Up to 180 days with a suspended license, with a restricted license possible after 30 days
Convicted drunk drivers will also be subject to a new $1,000 penalty that is included in a recently approved driver responsibility program. The $1,000 penalty will be imposed for two consecutive years. Drivers may still be arrested and charged with impaired driving, however, the law no longer has a blood alcohol content associated with impaired. Those convicted of impaired driving face an additional $500 penalty assessed for two consecutive years.
Last year, 463 people died in alcohol and/or drug-related crashes in Michigan. Of that number, 358 were killed in alcohol-only crashes, 41 in drug-involved crashes and 64 in both alcohol- and drug-involved crashes. Michigan law enforcement officers arrested 57,789 people for alcohol-related driving offenses in 2002. Of that number, 26,330 were convicted of drunk driving and 28,770 were convicted of impaired driving.
According to the NHTSA, laboratory and on-road research shows that the vast majority of drivers are significantly impaired at .08 with regard to critical driving tasks such as braking, steering, lane changing, judgment and divided attention.
In addition to the change in the drunk driving standard, the new law also contains a zero tolerance for drivers with certain illegal drugs in their system. These "schedule 1" drugs are those with no medicinal use, such as marijuana, GHB, cocaine and cocaine-derivative drugs. With this change, prosecutors will not have to prove the driver was impaired, just that they were driving with those drugs in their system. The same penalties for drunk driving will apply to those convicted under the zero-tolerance drug provisions.
Other penalties have also been increased. Anyone who refuses a breath test the first time is given a one-year driver’s license suspension. The penalty had been a six-month license suspension. For a second refusal in seven years, it is a two-year suspension.
It is also worth noting that this measure indicates that the fee is due whether or not the individual is a licensed driver. The result is that even where the individual has lost his or her driving privileges for one or more years, the fees remain due during this non-license period, and must still be paid.
The following is a list of driver responsibility fees, which are assessed each year for two consecutive years after the offense:
The $1,000 Offenses17
• Operating while intoxicated
• Manslaughter
• Negligent homicide
• Drunk driving causing death or serious impairment of a body function
• Injuring or killing a construction worker while driving in a construction zone
• Felonious driving or any other felony resulting from the operation of a motor vehicle
• Fleeing and eluding an office
• Failing to stop and disclose identity at an accident
The $500 Offenses18
• Impaired driving
• Operating with the presence of any enumerated controlled substance
• Reckless driving
• Driving with a suspended license (non-felony)
• Being a person less than 21 years operating with the presence any alcohol (zero tolerance).
Driving Without a License and/or Failing to Produce a Certificate of Insurance19
Upon learning that an individual has been found guilty of driving without a license or failure to produce a certificate of insurance, the Secretary of State will assess a $150 driver responsibility fee for each of the following two consecutive years.
Accumulating Seven or More Points20
Any driver who accumulates seven or more points within a two-year period for any other violation shall be assessed a $100 driver assessment fee, with an additional $50 for each additional point. The driver will be assessed this fee once per year for each year until the point total falls below seven.
http://www.michigan.gov/sos/0,1607,7-127-1640_9150-76571--,00.html |
|
|