Michigan's New 0.08 Law
On October 23, 2000, President Clinton signed legislation that would financially penalize
states that failed to enact .08 per se drunk driving laws. The .08 per se standard prohibits driving
with a blood alcohol level of .08% as measured by a breath, blood or urine test without any regard
to the driver’s level of sobriety.
On September 30, 2003, changes to Michigan’s drunk driving laws became
effective throughout the state in response to the October 2000 mandate. These changes were
purportedly passed unanimously by the Michigan Legislature to maintain federal highway funds,
but several additional new laws were packaged along with the new .08% threshold.
Semantically, the new laws re-defined the prior offense of OUIL (operating under the
influence of intoxicating liquors) to OWI (operating while intoxicated). The prior charge of OWI
(operating while impaired) was altered to OWVI (operating while visibly impaired) to avoid
confusion. The new offense of OWI incorporates the .08 per se standard, lowering the prohibited
blood alcohol content (BAC) level from .10 to .08.
Under Michigan’s prior drunk driving laws, the offense of operating while visibly impaired,
which prohibited driving with a blood alcohol level greater than .07 but less than .10, remains in
effect, but the new impaired provisions do not have any numerical blood alcohol levels to define
when a driver is impaired. In essence, there are few differences between a charge of OWI and
OWVI, but an impaired charge carried slightly lower fines and slightly less harsh driving sanctions.
As such, under Michigan’s prior drunk driving laws, the federally mandated threshold of .08 was
already effectively enforced in Michigan.
Another significant change under the new 0.08 law includes longer suspension periods for refusing to submit to a Datamaster Breathalyzer test. Under Michigan’s prior drunk driving law, anyone who wrongfully refused a police officer’s request would lose their driving privileges for a period of six months. Under the new law, the suspension is lengthened from six months to one year for a first implied consent refusal and two years for any additional refusals within a 7 year period.
Please do not hesitate to call our law offices if you have been charged with a drunk driving DUI OWI DWI charge. Call us toll free at (888) 941-1122. Experienced drunk driving defense attorneys are ready to help you fight your case.
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