Michigan maintains drunk driving standards

Ryan Jarvi

Last month, Gov. Rick Snyder signed bills that will maintain the state’s drunk driving standards and sentencing guidelines.

“These are important bills that will help maintain the health and safety of drivers, passengers and pedestrians in our state,” Snyder said in a press release. “They send a clear message that Michigan is serious about stopping drinking and driving and supporting the ongoing efforts of law enforcement and the courts to protect public safety.”

The law will maintain current standard levels of blood alcohol content (BAC) at .08 for those legally allowed to drink, until October 2018. The BAC was scheduled to go up in October to .10 if legislators would have allowed the old law to expire.

The law will also maintain a limit of .04 BAC for drivers of commercial vehicles and a “zero-tolerance” policy of .02 BAC for drivers under 21 years old.

In addition to saving lives, Snyder said the law is in compliance with federal standards and makes Michigan eligible for federal transportation funding. Authorities in the federal government have been reported to want an even lower threshold for BAC at .05, which has seen some success at lowering accidents in other countries.

As data is still being collected, preliminary numbers for 2012 show that Grand Valley State University had 28 individuals arrested for operating while intoxicated, which includes operating both under the influence of alcohol and narcotics.

In 2011, there were 11 arrests, which was down from 26 in 2010. The Grand Valley Police Department made 34 such arrests in 2009.

“The vast majority of those that are arrested are .08 or greater,” said Capt. Brandon DeHaan of the GVPD. “If you think you’re intoxicated don’t drive.”

The number of arrests made can depend on factors like how many officers are on duty during the evenings and whether other crimes or investigations are occurring at the time.

Some officers may also be more focused on specific activities and might watch more closely for behaviors like drunk driving during certain times, DeHaan said.

“The vast majority of folks understand that it’s not a wise choice to operate while intoxicated,” he said.

A misdemeanor OWI includes all OWI offenses, whether the driver was of the legal drinking age or still a minor. A third OWI offense is a felony, as is any offense that causes death or serious injury to another person.

First-time offenders who are of legal drinking age with a BAC from .08 to .16 can receive a fine of $500, 93 days in jail, 360 hours of community service, 180 days of license suspension and six points on their driving record. Individuals convicted of drunk driving are also subject to a $1,000 penalty for two consecutive years under the Driver Responsibility Act.

The “super” category, which went into effect in 2010, pertains to drivers with a BAC of .17 or above and comes with higher penalties and fees. Refusing to take a preliminary breath test may result in the driver being charged with a civil infraction and fined up to $150.

Though this may be lower than other fees resulting from being charged with an OWI, Michigan’s Implied Consent Law requires drivers to take a chemical evidentiary test even if they refuse to take a PBT.

Drivers under 21 can be arrested and lodged in jail if they have a BAC of .02 or greater. A first offense can also include a $250 fine, 360 hours of community service, a restricted license for 30 days and four points added to the driving record. Tack on a Driver Responsibility fee of $500 for two consecutive years, and it begins to add up.

“You have the costs for insurance, you have costs for your livelihood, and you have costs for your future livelihood,” DeHaan said.

Certain jobs that include operating a company vehicle will not be available to someone with an OWI on their record, DeHaan said.

“They need to think for the future,” he said.
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