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The Consequences of Drunk Driving

Published: November 29, 2018

Home>The Bernstein Blog>The Consequences of Drunk Driving

Driving under the influence of drugs or alcohol is a year-round problem, and the risk is higher on weekend nights. In Michigan, alcohol- and drug-related crashes are often concentrated on Saturdays in the late hours.

In 2024, there were 8,542 alcohol-involved crashes and 307 alcohol-involved fatalities. Drug-impaired driving was involved in thousands more crashes.

Impaired driving has severe consequences. Besides the legal penalties, a drunk driver is more likely to cause a crash that injures or kills someone.

If you or a loved one is injured in a crash involving a drunk driver, an experienced Michigan car accident attorney can help you understand your options.

Do You Have a Case?

DRUNK DRIVING AND THE LAW

Under Michigan law, it is illegal for a driver 21 or older to have a bodily alcohol content (BAC) of .08 or higher. A high-BAC offense (generally .17 or higher) carries stricter penalties. Drivers under 21 may not have a BAC of .02 or higher.

Officers can still arrest a driver who is visibly impaired, even below those BAC levels. It is also illegal for drivers under 21 to transport alcohol unless someone 21 or older is with them.

Any amount of a Schedule 1 controlled substance or cocaine can bring the same type of penalties as drunk driving, even without other signs of impairment. Schedule 1 drugs include substances such as heroin, LSD and MDMA (ecstasy).

CONSEQUENCES OF A DRUNK DRIVING CONVICTION

Sentencing is up to the judge. Typical first-offense guidelines include:

First offense with BAC below .17:

  • A fine of up to $500
  • Up to 93 days in jail
  • Up to 360 hours of community service
  • License suspension and six points on the driving record

First offense with BAC of .17 or higher:

  • A fine of up to $700
  • Up to 180 days in jail
  • Up to 360 hours of community service
  • Mandatory alcohol treatment in many cases
  • A longer license suspension and six points

A first refusal of a chemical test after a lawful arrest generally brings a one-year license suspension. A second refusal within seven years generally brings a two-year suspension.

The court may also require a restricted license and an ignition interlock device.

5 SAFE DRIVING TIPS

  • Never get behind the wheel if you have been drinking. Alcohol impairs your ability to judge whether you are safe to drive.
  • Choose a designated driver who will not drink.
  • If you do not have a designated driver, call a friend or family member, a taxi, or a rideshare such as Uber or Lyft.
  • If someone who has been drinking intends to drive, try to stop them. Take the keys if you must, and get help if they resist.
  • Stay the night if that is the safest option.

GET IN TOUCH WITH AN EXPERIENCED ACCIDENT ATTORNEY TODAY

If you or a loved one is injured in a drunk driving accident, we can help. Auto accident law is complicated, but finding the right attorney is simple. Our Michigan-based attorneys have the skill and experience to pursue the compensation you deserve.

“Drunk driving accidents are among the most heartbreaking, in part because they are entirely preventable,” said Mark Bernstein of The Sam Bernstein Law Firm. “If you or a family member is injured in a crash involving a drunk driver, call us to get the benefits you and your family deserve.”

Start your case today by filling out the brief form below or contact us for a free, no-obligation consultation.

Do You Have a Case?

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