Michigan previously had a two-tiered standard, with
.10 BAC or greater considered drunk driving and .08-.09 BAC being
impaired driving. Today, .08 blood-alcohol content (BAC) becomes the
new drunk driving standard. But drivers should also be aware that
drunk driving can also be proven without any showing of a
blood-alcohol content by the prosecution demonstrating that your
driving has been significantly affected by the consumption of
alcohol.
Drunk driving crimes are misdemeanors. Misdemeanors typically have
been handled by the authorities as minor infractions. This is no
longer true for drunk driving misdemeanors. There are serious
consequences for drunk driving convictions and the attorneys at
Aleck & Jenkins have been successfully fighting off drunk driving
offenses for clients for quite some time.
Remember, the question is no longer whether you are actually drunk.
The question is whether you meet the legal definition. If you meet
the legal definition of drunk driving, you will be convicted. In
today's world, there is a disturbing trend toward being
unrealistically harsh. Back when .15 blood-alcohol standard was
implemented years ago, it was based on the assumption that at .15
half of the people at that level felt the effects of alcohols.
Today, the level that is considered "drunk" is half of that .15. You
are now considered legally drunk at .08 and the following penalties
apply:
A first-time offender convicted of drunk driving faces:
Up to 93 days in jail
Up to a $500 fineUp to 360 hours of community service
Up to 6 points on a driver’s license
Up to 180 days with a suspended license, with a restricted
license possible after 30 days. Convicted drunk drivers will also be
subject to a new $1,000 penalty that is included in a recently
approved driver responsibility program. The $1,000 penalty will be
imposed for two consecutive years. Drivers may still be arrested and
charged with impaired driving, however, the law no longer has a
blood alcohol content associated with impaired. Those convicted of
impaired driving face an additional $500 penalty assessed for two
consecutive years.
In addition to the change in the drunk driving standard, the new
law also contains a zero tolerance for drivers with certain illegal
drugs in their system. These "schedule 1" drugs are those with no
medicinal use, such as marijuana, GHB, cocaine and
cocaine-derivative drugs. With this change, prosecutors will not
have to prove the driver was impaired, just that they were driving
with those drugs in their system. The same penalties for drunk
driving will apply to those convicted under the zero-tolerance drug
provisions.
Other penalties have also been increased. Anyone who refuses a
breath test the first time is given a one-year driver’s license
suspension. The penalty had been a six-month license suspension. For
a second refusal in seven years, it is a two-year suspension.
The bottom line is that even first offenders now have a lot to
worry about. If you have had previous convictions the penalties get
even more severe. License sanctions are no longer handled by a judge
but are more automatic and are imposed by the Secretary of States
office. Our law firm knows how to maneuver you through all of these
legal obstacles and penalties so call Aleck & Jenkins today for
defense of your drunk driving case. |
