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THE NEW "DRUNK DRIVER" LAW
In 1981, 56% of all fatal accidents in Michigan involved alcohol. In 1981, 40,364 persons were arrested with a
Blood Alcohol Concentration (BAG) of 0.10% or above. It is important to remember that the drinking driver is 6
(0.10%) to 40 (0.18%) times more likely to be involved in a crash rather than a sober driver.
In 1981, only 22% of the 55,000 persons arrested for "Drunk Driving" were convicted of that charge. Seventy
percent had the charge reduced to the lesser-Driving While Impaired conviction. In Plymouth alone 50% of all
fatal accidents were alcohol related.
Effective March 30, 1983, there are three drinking and driving charges:
OWi Operating a vehicle while the ability to do so is visibly impaired by liquor.
OUIL Operating a vehicle while under the influence of intoxicating liquor.
Per Se Operating a vehicle with a blood alcohol content of 0.10%, regardless of physical impairment.
If you are stopped by a police officer for the suspicion of driving while intoxicated, you may be asked to perform
certain sobriety tests. You may also be asked to take a preliminary roadside breath test. (Refusal of this test is a
civil infraction punishable by a fine of up to $100, plus costs.) If you are arrested you will be required to take an
"lmpled Consent" blood alcohol concentration test. This test is usually administered at a police facility. (If you
refuse this test, your license will be suspended for a minimum of six months and six points added to your driving
record.) If your BAC is 0.10% or above, you will probably spend several hours in jail. You may have to post bond
and appear before a judge.
If you are charged with OUIL, OWi or Per Se you will generally have a pretrial conference with the prosecutor.
If you are convicted you will undergo a substance abuse screening and assessment-you may be required to
participate in an alcohol education and/or treatment program. You will be required to pay any costs involved. Your
license will be suspended for a minimum of three months (OWi) or 6 months (OUIL and Per Se), and you will have to
pay a $25 reinstatement fee when the suspension is completed.
You will have a first alcohol offense on your driving record, resulting in greater penalties if you have a subsequent
drunk driving conviction.
How Much is Too Much
(OWi .08%-.09%) (OUIL and Per Se .10% and above)
100 lb. male* BAC 150 lb. male* BAC 180 lb. male* BAC
3 drinks in 1 hr. .09 4 drinks in 1 hr. .08 5 drinks in 1 hr. .09
4 drinks in 2 hrs. .10 6 drinks in 2 hrs. .10 7 drinks in 2 hrs. .10
5 drinks in 4 hrs. .10 7 drinks in 4 hrs. .09 8 drinks in 4 hrs. .08
Each drink equal to 1-oz. 86-proof alcohol, 12-oz. beer, or 3-oz. wine
*BAC will be greater for female drinker.
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