Do Not Drive and Drive
Written by Ethan Vinson, Esq.
With the holiday season upon us, it is customary to share holiday cheer with friends and family. With recent changes in the drunk driving laws, you should be aware of the penalties that will be imposed if you or a loved one are caught driving with a blood alcohol content of .08% or higher.
In Michigan, it is a felony to drive while intoxicated with a passenger under 16 years of age if it is your second violation within seven years, or if it is your third violation ever. The fine is a minimum of $500 up to $5,000, plus imprisonment for one to five years or probation with imprisonment for 30 days to a year, along with community service for 60 - 180 days. The term of imprisonment may not be suspended.
As reported in last month’s edition of On Law ("Legislation Updates", On Law, November 2010), a person who operates a motor vehicle with an alcohol content of .17% or higher will now have his or her license suspended for a year if he or she has no prior convictions within seven years or not more than two prior convictions within 10 years. The Secretary of State may issue a restricted license, but only after the first 45 days of suspension have been completed. Even if a restricted license is issued, the violator cannot operate the vehicle until it is equipped with an ignition interlock device that has been approved and certified by the Secretary of State. The device can only be removed after the Department has received verification that the person has operated the vehicle with no instances of reaching or exceeding a blood alcohol level of .025%.
A conviction for driving while intoxicated or while impaired causing the death of another person is a felony, punishable by up to 15 years in prison and fines of $2,500 to $10,000 (20 years if the victim is a police officer, firefighter or emergency responder). Drunk driving causing serious bodily injury to another person is also a felony, carrying a possible sentence of up to five years in prison and fines of $1,000 to $5,000. In either of these instances, a court may order the violator’s vehicle forfeited, or for a leased vehicle, returned to the lessor. If forfeiture is not ordered, a court must order the vehicle immobilized for up to six months. For a second conviction within seven years, vehicle immobilization is mandatory for three to six months. For a third or higher conviction, immobilization will be for one to three years. Vehicle immobilization can be suspended if the violator obtains a restricted license and if an ignition interlock device is properly installed in the vehicle; however, it may be reinstated if the device has been tampered with, disabled, or circumvented or if the person’s restricted license has been suspended or revoked.
The court will also impose court costs and other associated costs and fees. With attorney fees, a violator will easily spend $3,000 to $5,000, or more if there are any prior convictions.
There are also recent changes in the law that empower the Secretary of State to take action automatically to suspend your driver’s license upon a conviction for driving under the influence and to impose additional costs. In short, there are serious and expensive consequences if you drink and drive.
Enjoy the holiday season, but if you and your friends or family members are going to drink, please remember to have a designated driver.
