Michigan Drunk Driving Laws

In the state of Michigan there are three specific drunk driving transgressions that are legally prosecutable. The first is called an OUIL, or operating under the influence of intoxicating liquor. The second is referred to as driving with an unlawful bodily alcohol level/content (UBAL/UBAC). The last is dubbed an OWI, or operating while impaired. All are generally referred to as a Michigan DUI for which we specialize in legal defenses.

What exactly is the difference between these three seemingly similar offenses?

An OWI is the least grave charge of the three. It is also the easiest to prosecute. In an OWI case the Prosecutor has to prove beyond a reasonable doubt that the person in question was (1) driving his/her motor vehicle and was doing so (2) while alcohol evidently undermined or attenuated his/her capacity to drive their automobile. These standards are relatively low and their existence is determined by a police officer’s judgment. Therefore, they are more a matter of police opinion, which is basically irrefutable, rather than an object of evidence.

The second easiest to prove is the UBAC. In fact, since it generally is rather difficult to successfully dispute, it is added to many drunk driving related charges to ensure some type of conviction. In the case of a UBAC the City Attorney has to prove two things: First, that the alleged transgressor was the operator of the vehicle during the time in question. Second, that the driver on the stand possessed a blood alcohol content (BAC) which exceeded a level of 0.10%.

The hardest case for a Prosecutor to prove, beyond a reasonable doubt, is the OUIL charge. For, first they must establish that the defendant was at the wheel at the time of the incident. Second, they must demonstrate that the defendant was under the influence of controlled substances and/or alcohol while driving. Third, that being under such influences while at operating a vehicle, notably impaired the driving of the defendant.

Anyone of the legal drinking age, 21 years old, can be prosecuted for the abovementioned offenses if they go over the legal drinking and driving limit for Michigan (.10% BAC)
Persons under 21 are bound by a different set of laws. There is NO legal limited for such persons. Those driving with alcohol in their system who are under age are automatically breaking the state of Michigan drunk driving laws.

The main legal criterion mentioned above is that the State has to prove, beyond a reasonable doubt, that the defendant committed the crimes alleged. This places the “burden of proof” on the accuser, rather than the accused. This is what differentiated the US justice system from other around the world. In America, a person, is “innocent until proven guilty,” not guilty until proven innocent. This is discourages abuses of power in the legal system, and encourages accurate convictions. For it is better many guilty men go free, a single innocent man suffer for the failures and flaws of the justice system.

If one pleads guilty, or is convicted of a OUIL or UBAC charge the maximum ruling is a $500 penalty, the costs of prosecution, as many as 93 days in prison and 45 days of some type of community service.

A guilty verdict or plea of guilt results in the case of an OWI in up to $300 in penalties, prosecution costs, as many as 93 days in jail and 45 days of community service. 

A second drunk driving crime whether OUIL, UBAC, OWI can result in 1 year of jail time and in a $1,000 fine. A third one can cost the criminal up to 5,000 dollars and up to 5 years in prison.

License suspension also accompanies any drunk driving crime. The rates vary depending on the charge, the particular circumstances of the case, and the judge at trial. However, is typical that a OUIL or UBAL/UBAC conviction comes with no less than a 6 month and no more than a 2 year suspension. They also have a 30 days period to make arrangements for themselves and their families before this is instituted.

In the case of an OWI a license will be suspended for more than 93 days and less than a year. However, these convicts do not receive a 30 day window before the restriction takes effect. They are allowed what is called a “restricted license” immediately. This type of license allows the person to travel from home to work to community service to school and to alcohol treatment. Proof of destination must be carried at all times in these situations.

If prior drunk driving violations are on the criminal’s record already their license can be suspended indefinitely. They can also be subject to participating in substance abuse or alcohol abuse related programs at their own expense.

One other form of sanction a judge can place upon a convicted drunk driver is taking their car away permanently. Even if the criminal themselves does not own the car, the judge still has the authority to seize it.

An extralegal consequence of a drunk driving conviction is the loss of normal car insurance. This places the driver in a pool of “high-risk” insurance companies which often charge 3 times what most drivers pay. This alone can strip away the persons ability to drive.

Determining Blood Alcohol Content (BAC)

Although calculating someone’s BAC is not an exact science it is specific and consistent enough to lay it the general rules and numbers underlying the determination. One of the major confounding factors is that depending on the person’s metabolism, age, race, culture, and sex, among other factors, the same type and amount of alcohol can affect them in a totally different manner.

 Here are the basic rules involved, which can be useful is trying to determine one’s own BAC without professional equipment:

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