Substance Abuse and Driving

Substance Abuse and Driving

Under Michigan law, it is illegal to drive:

• While intoxicated, or impaired, by alcohol, illegal drugs, and some prescribed medications.
• With a bodily alcohol content of 0.08 or more. (This crime is one of the driving while intoxicated offenses.)
• With a bodily alcohol content of 0.17 or more. (This “High BAC” crime is one of the driving while intoxicated offenses.)
• With any amount of cocaine or a Schedule 1 controlled substance in your body. (For more information about Schedule 1 drugs, see section 7212 of the Michigan Public Health Code; MCL 333.7212.)

Additionally, if you are under age 21, it is also against the law to:

• Drive with a bodily alcohol content of 0.02 or more, or with any presence of alcohol in your body except for that consumed at a generally recognized religious ceremony.
• Buy, possess, or consume alcoholic beverages. You may transport alcohol in a vehicle onlywhen accompanied by someone age 21 or older. If you are stopped by the police, with alcohol in your vehicle, and there is no adult with you, you can be charged with a misdemeanor, whether you are on the road or in a parking lot.

It is best to never drink or use drugs and drive. Select a designated driver ahead of time, who will stay sober. You can also ask someone else to give you a ride, call a taxi, or use public transportation.

Never ride with anyone who has been drinking or using drugs. If necessary, take away the person’s vehicle keys, and offer him or her a place to sleep. Be sure drivers are completely sober before they get behind the wheel.

Types of Charges

Operating While Visibly Impaired (OWVI) means that because of alcohol or other drugs, your ability to operate a motor vehicle was visibly impaired.

Operating While Intoxicated (OWI) includes 3 types of violations:

• Alcohol or drugs in your body substantially affected your ability to operate a motor vehicle safely.
• A bodily alcohol content (BAC) at or above 0.08. This level can be determined through a chemical test.
• High BAC means the alcohol level in your body was at or above 0.17. This level can be determined through a chemical test.

Operating With Any Presence of a Schedule 1 Drug or Cocaine (OWPD) means having even a small trace of these drugs in your body, even if you do not appear to be intoxicated or impaired. This can be determined through a chemical test.

Under Age 21 Operating With Any Bodily Alcohol Content (Zero Tolerance) means having a BAC of 0.02 to 0.07, or any presence of alcohol in your body other than alcohol that is consumed at a generally recognized religious ceremony.

Preliminary Breath Test

If you are stopped by a law enforcement officer who believes you may be driving while intoxicated or impaired, you may be asked to take a Preliminary Breath Test (PBT) to determine whether alcohol was involved.

If you refuse to take the PBT, you may be charged with a civil infraction, which carries a fine up to $150 plus court costs.

A person under age 21 who refuses to take the PBT will have 2 points added to his or her driving record.

Whether you take the PBT or not, you still must take the evidentiary test required by the implied consent law.

Michigan’s Implied Consent Law

If you are arrested for drunk or drugged driving, you are required to take a chemical test to determine your bodily alcohol content (BAC) or the presence of drugs in your body. Under Michigan’s Implied Consent law, all drivers are considered to have given their consent to this test.

Refusing to take this test has driver’s license consequences that are separate from those that result from any conviction that flows from the traffic stop. You may request an administrative hearing regarding the alleged refusal. At the hearing, the law enforcement officer would have to prove certain things before the statutory consequences would apply. If you do not request the hearing, or if the officer proves his or her case at the hearing, the following will happen:

• Six points will be added to your driving record.
• Your license will be suspended for 1 year if it is the first time you refused to take the test under the Implied Consent law.
• Your license will be suspended for 2 years if you refused to take the test one or more times within the preceding 7 years. There are no hardship appeals in circuit court for a restricted license in this situation.

If you refuse to take the test, or if the test shows that your BAC is 0.08 or higher, the law enforcement officer will destroy your driver license, and will issue a paper permit to you. You may drive on the paper permit until your criminal case is resolved in court.

Operating While Intoxicated (OWI) or Operating With Any Presence of a Schedule 1 Drug or Cocaine (OWPD)

• $100 to $500 fine and one or more of the following:
  • Up to 93 days in jail.
  • Up to 360 hours of community service.
• Driver’s license suspension for 30 days, followed by license restrictions for 150 days.
• Possible vehicle immobilization.
• Possible ignition interlock.
• Six points added to driving record.
• Driver Responsibility Fee:
  • $1,000 for 2 consecutive years for OWI.
  • $500 for 2 consecutive years for OWPD.

High Blood Alcohol Content (BAC of .17 or higher). This is one of the operating while intoxicated crimes, but it has harsher consequences.

• One or more of the following:
  • Up to 180 days in jail.
  • $200 to $700 fine.
  • Up to 360 hours of community service.
• Driver’s license suspension for 1 year. Eligible for restrictions after 45 days of suspension if an ignition interlock device is installed on all vehicles the offender owns or intends to operate.
• Possible metal license plate confiscation if the offender operates a vehicle without a properly installed ignition interlock device.
• Mandatory vehicle immobilization if the offense is subsequently convicted for operating a vehicle without a properly installed ignition interlock device.
• 6 points added to the offender’s driving record.
• Driver Responsibility Fee of $1000 for 2 consecutive years.

Operating While Visibly Impaired

• Up to a $300 fine, and one or more of the following:
  • Up to 93 days in jail.
  • Up to 360 hours of community service.
• Driver’s license restrictions for 90 days (180 days if impaired by a controlled substance).
• Possible vehicle immobilization.
• 4 points added to the offender’s driving record.
• Driver Responsibility Fee of $500 for 2 consecutive years.

Second Offense within 7 Years (any combination):

Operating While Intoxicated

• $200 to $1000 fine, and one or more of the following:
  • 5 days to 1 year in jail.
  • 30 to 90 days of community service
• Driver’s license revocation and denial for a minimum of 1 year (minimum of 5 years if there was a prior revocation within 7 years).
• License plate confiscation.
• Vehicle immobilization for 90 to 180 days, unless the vehicle is forfeited.
• Possible vehicle forfeiture.
• 6 points added to the offender’s driving record.
• Driver Responsibility Fee of $1,000 for 2 consecutive years.

Operating While Visibly Impaired

• $200 to $1,000 fine, and one or more of the following:
  • 5 days to 1 year in jail.
  • 30 to 90 days of community service.
• Driver’s license revocation and denial for a minimum of 1 year (minimum of 5 years if there was a prior revocation within 7 years).
• License plate confiscation.
• Vehicle immobilization for 90 to 180 days unless the vehicle is forfeited.
• Possible vehicle forfeiture.
• 4 points added to the offender’s driving record.
• Driver Responsibility Fee of $500 for 2 consecutive years.

Third Offense Within Lifetime (any combination) is a Felony

Operating While Intoxicated

• $500 to $5,000 fine, and either of the following:
  • 1 to 5 years imprisonment
  • Probation, with 30 days to 1 year in jail.
• 60 to 180 days community service.
• Driver’s license revocation and denial if there are 2 convictions within 7 years or 3 convictions within 10 years. The minimum period of revocation and denial is 1 year (minimum of 5 years if there was a prior revocation within 7 years).
• License plate confiscation.
• Vehicle immobilization for 1 to 3 years, unless the vehicle is forfeited.
• Possible vehicle forfeiture.
• Vehicle registration denial.
• 6 points added to the offender’s driving record.
• Driver Responsibility Fee of $1,000 for 2 consecutive years.

Operating While Visibly Impaired

• $500 to $5,000 fine, and either of the following:
  • 1 to 5 years imprisonment
  • Probation, with 30 days to 1 year in jail.
• 60 to 180 days community service.
• Driver’s license revocation and denial if there are 2 convictions within 7 years or 3 convictions within 10 years. The minimum period of revocation and denial is 1 year (minimum of 5 years if there was a prior revocation within 7 years).
• License plate confiscation.
• Vehicle immobilization for 1 to 3 years, unless the vehicle is forfeited.
• Possible vehicle forfeiture.
• Vehicle registration denial.
• 4 points added to the offender’s driving record.
• Driver Responsibility Fee of $500 for 2 consecutive years.

 Todd Levitt can be reached for a free consultation at 989-772-6000

Source: Michigan Secretary of State www. mich.gov