Holiday Hazards: Michigan's DUI Laws and the Dangers of Drunk Driving

More Celebrations, but Also More Accidents

The holiday season is here in full swing, and it’s all about family, friends, joy, and celebration. This means light displays, egg nog, generosity, and rousing revelry. Unfortunately, with the holiday season also comes increased drunk-driving accidents. Sachs Waldman attorneys are here to thoroughly explain the consequences for involvement in a drunk driving accident, and we can help you recover for car crash injuries.

The National Highway Traffic Safety Administration (NHTSA) reports that crashes involving alcohol-impaired drivers cost more than $37 billion each year. Drunk driving is dangerous and deadly: NHTSA also reports more than 10,000 drunk-driving related deaths in 2012. Just think about this—every 51 minutes, someone is killed in a drunk-driving crash. And around the holidays, the number of DUIs increases as celebrations increase, says the NHTSA. These statistics are tragic, but alcohol-related catastrophic injuries and loss of life could be totally preventable.

Whether Buzzed or Smashed: It’s Still Drinking and Driving

How many times have you heard a friend or family member say, “I’m okay to drive . . . I’m just buzzed.” The myth of “buzzing” has created misconceptions about drinking and driving. Studies support the observation that even one drink can affect your judgment, concentration, and physical coordination. 

Whether you have one drink or many, alcohol use while driving presents a spectrum of danger. Michigan has a number of laws addressing this spectrum. Thus in Michigan, you may be pulled over and charged with an OWVI or OWI even if your blood alcohol concentration (BAC) is lower than .08. Especially of relevance are these charges outlined by Michigan’s Secretary of State Ruth Johnson:

  • 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 three types of violations: 
    1. Alcohol or drugs substantially affected your ability to safely operate a vehicle.
    2. A BAC at or above 0.08.
    3. High BAC: the alcohol level in your body was at or above 0.17. 

Furthermore, if someone is convicted multiple times of driving under the influence caused very serious injury or death, then the charge could become a felony. 

Keeping Tabs: Michigan and Ignition Interlock

As you can see, Michigan is serious about preventing drunk-driving related injuries and loss of life. Michigan requires installation of ignition interlock technology in convicted offenders' cars, connected to the ignition. The driver needs to blow into the device to start the car. If the driver tests in at or above the legal threshold for alcohol in their system, then the car won’t start. 

Twenty-four states require ignition interlock for DUI offenders. The states that do require ignition interlock differ on the minimum blood alcohol concentration that would trigger its use. Michigan requires ignition interlock when a DUI offender tested a BAC of .17 or higher.

Beyond Interlock: High-Tech Solutions for the Future

The Driver Alcohol Detection System for Safety (DADSS) is developing two systems for measuring driver BAC levels. Like airbags and GPS, these devices may become common features in future cars. First, think about a touch-based system that will measure your BAC through your fingertips and determine whether you are safe to drive. Second, how about an air-sampling device that tests and isolates only the driver’s exhaled air? If you fail these tests, you’ll need to find a designated driver because the car won’t start.

These devices may help lower DUIs in the future, but for now you’ll still need to make the right decisions for yourself.

The Common Sense Approach—Low Tech, but Effective

You’ve heard it before, but it cannot be stressed enough: have a plan, designate a driver, and commit to staying away from the wheel if you’ve been drinking. This advice might seem clichéd, but it is a foolproof way for you to be a responsible, sober driver. Too many people have already lost their lives, lost loved ones, or sustained life-changing injuries. Keep this in mind, and have a joyful, safe holiday season. 

We’re Here To Help When You Need Us

In the event that you or a loved one is injured in a DUI accident, you can count on our attorneys at Sachs Waldman to give you the careful attention your case deserves. We will review your case in depth, discuss possible legal remedies, and even help with no-fault claims to insurance companies. Call our Detroit personal injury law office at (800) 638-6722 for a free consultation.

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