Legal News Alert #104

Designated Driver a Must with Blood Alcohol Content Recently Lowered

Before you decide to drive after having a toast or two during the upcoming holiday season, you should be aware of a recent significant change regarding drunk driving in Michigan.

Effective September 30, 2003, the new standard for unlawful blood alcohol content (BAC) was lowered from .10% to .08%. This means that if you are pulled over by a police officer who "thinks" that you are driving erratically and he gives you a breathalyzer test that registers .08% or more of blood alcohol content, you will be presumed to be "intoxicated" and immediately arrested for Driving While Under the Influence. Not the best way to celebrate the holidays.

The Old Law

Under the former statute, there were two levels used to determine a person's level of intoxication as follows:

• .10% and above, you were presumed to be "intoxicated;"
• .08% to .09% you were presumed to be "impaired;"
• .07% and below, you were presumed not to be intoxicated or impaired and assuming you were 21 years of age or older, you should not be arrested.

The New Law

Now there is only one clearly stated standard - .08% and above is presumed "intoxicated."

However, the new law is unclear as to what happens if your blood alcohol content (BAC) is less than .08%. Because of ambiguities in the new statute, some legal experts believe that if a driver's BAC is determined to be .07% or less, he or she may nonetheless be deemed to be "impaired." The new statute is simply too new for this ambiguity to have been clarified.

In addition, if you are convicted of being intoxicated, Michigan's Secretary of State will charge you an additional $1,000 for two years after you have been convicted. This is in addition to possible court fines, court costs, points, license suspension, community service and even jail time. And now a judge may even sentence first time offenders to jail time.

Should I Drink and Drive?

Of course, the best answer is that even if you have just one drink of alcohol, don't drive. However, if you decide to drink and drive, keep the following rule of thumb in mind:

A 150 pound person's blood alcohol content (BAC) increases by approximately .025% for every drink* consumed in an hour or two (depending primarily on whether you are drinking on a full stomach or not). For example:

• .025% x 3 drinks = .075%
• .025% x 4 drinks = .10%

* A drink is a drink is a drink. A "drink" is defined as one shot of liquor (1.5 oz) or a 12-ounce glass of beer or a five-ounce glass of wine.

Use a Designated Driver

Regardless of what you may be able to drink and stay under the legal limit of being "intoxicated," why do it? The best thing to do if you plan to drink any alcohol at all is to designate a driver who will not drink any alcohol to drive you home. Think safety first, not only for yourself and others in your vehicle, but for all of those who are pedestrians and in other vehicles.

Drunk Driving Defense

Of course, should you be arrested for driving while "intoxicated," you are nonetheless entitled under the law to a defense. With this, our firm can assist you.

NICHOLS & EBERTH, P.C.
22374 Garrison, Dearborn, MI 48124

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Send us an email at email@michiganattorney.com