The Consequences of Drunk Driving

DRUNK DRIVING AND THE LAW

Under Michigan law, it is illegal for a driver over age 21 to have a bodily alcohol content (BAC) of .08 or higher. Michigan also has a high-BAC law with stricter penalties for anyone caught driving with a BAC of .17 or higher. In addition, it is illegal for drivers under 21 to have a BAC of .02 or higher. 

However, drivers who exhibit signs of impairment while operating a motor vehicle can be arrested regardless of their BAC level. It is also illegal for drivers under 21 to transport alcohol in a vehicle unless they are accompanied by someone age 21 or older.

Drivers who are found with any amount of a Schedule 1 controlled substance and/or cocaine are subject to the same fines and penalties as drunk drivers, even if they show no signs of impairment. Schedule 1 drugs are those with a high potential for abuse, such as heroin, LSD (lysergic acid diethylamide), MDMA (ecstasy) and others.

CONSEQUENCES OF A DRUNK DRIVING CONVICTION

While sentencing a person convicted of drunk (or drugged) driving is up to the judge presiding over the individual case, following are some general guidelines for fines and other consequences.

For a first offense with a .17 or lower BAC:

• A fine of up to $500
• A maximum of 93 days in jail
• up to 360 hours community service

For a first offense with a .17 or higher BAC:

• A fine of up to $700
• A maximum of 180 days in jail
• up to 360 hours community service
• Mandatory completion of an alcohol treatment program 

Any driver who refuses to take a breathalyzer test for the first time after being stopped by police will automatically receive a one-year driver’s license suspension. A driver who refuses to take a breathalyzer twice within a seven-year period will receive a two-year suspension.

Consequences may also include a restricted or suspended driver’s license. In some cases, the court may require the use of an ignition interlock device.

5 SAFE DRIVING TIPS

Driving under the influence is a serious offense that can lead to weighty legal consequences. In addition, drunk driving crashes can result in injury or death. To help reduce your risk of being involved in a drunk driving accident, remember these safety tips: 

1. Never get behind the wheel if you have been drinking. While you may think you are able to drive safely, drinking can impair your ability to judge your competence.
2. When possible, choose a designated driver who will not be drinking.
3. If you do not have a designated driver, call a friend or family member, or call a taxi or use a ride service such as Uber or Lyft.
4. If a friend or family member has been drinking and intends to drive, try to dissuade them. If necessary, take their car keys. If they resist, enlist help from someone else.
5. Stay the night if needed. Choosing to stay in after drinking can go a long way in avoiding a dangerous situation.

Making safe choices can protect not only you, but everyone on the road. 

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 get you 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 with a free, no-obligation consultation.