A statutory amendment effective on March 31, 2013 will raise the blood alcohol limit for drunk driving starting on October 1, 2013.
The current law states “operating while intoxicated” is as follows:
- An individual is under the influence of a controlled substance, alcoholic liquor, or other intoxicating substance or a combination of these;
- The person has an alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine; or
- The person has an alcohol content of 0.17 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine (or commonly called “super drunk”).
After the change takes effect, the middle provision will be raised from an alcohol content of 0.08 grams to 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
However, House Bill 4093 has been introduced to keep the limit at 0.08 grams. This would need to pass in the House, Senate, and be signed by the governor to become law. If this does not pass, then the new limit will become 0.10 grams as scheduled later in the year.
On another note, if the limit stays at 0.10, the state would risk forfeiting a substantial amount of federal highway construction funds by not being in compliance with federal law. Under the Department of Transportation and Related Agencies Appropriations Act of 2001, states are penalized that have not enacted or enforced a law that considers a person intoxicated who has an alcohol concentration level of 0.08 percent or greater while operating a motor vehicle.
The importance of ongoing dialog between Michigan voters
So it’s too soon to start celebrating yet. But it is important for there to be an ongoing dialogue between Michigan voters about drunk driving laws. As with many areas of law, the federal government is in a position to use the power of the purse to put pressure on states to conform to the federal .08 standard. My prediction is that the Michigan Legislature will do whatever it takes to keep the federal funds flowing. We shall see.
The Kronzek Firm PLC, offers aggressive OWI/DUI defense across the lower peninsula of Michigan, including Ingham County, Genesee County, Oakland County, Macomb County, Wayne County, and more.
Our experienced trial lawyers utilize sophisticated knowledge of alcohol instrumentation and testing to assist in crafting strong legal strategies. We understand how and why these tests may not be reliable—and we challenge the results whenever necessary.