ANN ARBOR, MI – 05-26-2018 (Press Release Jet) — What is the Legal Limit for Drinking and Driving?
The legal limit for drinking and driving in Michigan is a .08 blood alcohol content. A person could be convicted of operating while intoxicated if the person was driving with a bac of .08 or over.
How Many Drinks is That?
It depends. There are a few different factors that determine how many drinks will lead to a .08 blood alcohol content.
Factors such as weight, speed of drinking, and time span of consumption all play a part. Generally, one drink (a 12 oz. beer or 1 oz. of liquor) will raise the blood alcohol content by about .02.
Can I get in Trouble If My Blood Alcohol Content is Under .08?
Yes, you can still get in trouble for a drinking and driving crime even if your BAC is under .08. The charge of operating while visibly impaired means that your ability to operate a vehicle was impaired by alcohol.
The charge does not require that a person have a BAC of .08 or over. For example, a person could be charged with operating while visibly impaired even if the person’s BAC was, say, .05, so long as the person was impaired.
The charge of operating while visibly impaired in Michigan comes with less severe consequences than the charge of operating while intoxicated.
What Does It Mean to Be Impaired?
A person is impaired if the person’s ability to operate a vehicle in a normal way is substantially compromised by the use of alcohol. In other words, was the person driving like a normal person? We can rely on every day, common experience to determine whether a person was driving like a normal person.
In addition, we could ask if the person obeyed the traffic laws. We all speed at one time or the other. I would argue that simply speeding would not be rock-solid evidence of impairment. However, what if someone was going 20 miles per hour over the speed limit? This could be stronger evidence of impairment.
Whether a driver is impaired is a question of fact for the jury to decide.
Obviously, the best practice is to not drive with any blood alcohol content whatsoever. It is important to make sure you never drive after having too many drinks or drive if you believe you may be impaired from drinking. Always keep the number for a cab company or download the Uber app.
Sam Bernstein of ArborYpsi Law is a DUI attorney and criminal defense attorney in Ann Arbor and surrounding areas. Call 734-883-9584 or e-mail at [email protected] to speak with Sam Bernstein. ArborYpsi Law is located at 206 N. Huron St., Ypsilanti, MI 48197.
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