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3 BAC limits that apply to different Michigan OWI cases

On Behalf of | Oct 11, 2024 | Criminal Defense |

Operating a vehicle while intoxicated (OWI) charges are common criminal accusations in Michigan. People stopped in traffic by police officers, arrested at checkpoints or involved in collisions may face OWI charges.

Depending on the outcome of the situation and the prior criminal record of the driver, the courts can impose numerous different penalties after a conviction. OWI offenses can cost people their driving privileges as well as thousands of dollars in court costs and fines. The state may impose a driver responsibility fee when a motorist with an OWI regains their driver’s license. In some cases, defendants may have to serve a sentence in state custody.

Many people accused of OWI offenses didn’t drive poorly. Instead, they violated the law by having an elevated blood alcohol concentration (BAC). For drivers in Michigan, there are three different BAC limits that might apply during an encounter with law enforcement professionals.

The zero-tolerance BAC limit

Many people with driver’s licenses aren’t old enough yet to legally drink. Those who are under the age of 21 are subject to Michigan’s zero-tolerance law. If chemical test results show a BAC of 0.02% or higher, drivers under the age of 21 could be at risk of OWI charges.

The commercial vehicle BAC limit

Driving any vehicle requires experience and constant monitoring of the environment. Certain types of vehicles are more dangerous because they are harder to operate and bigger. Therefore, the laws governing those driving those larger vehicles are stricter. Individuals in control of a commercial vehicle are at risk of OWI charges if they have a BAC of 0.04% or higher. That is a low enough level that most people don’t notice any signs of impairment with a BAC of 0.04%.

The standard adult BAC limit

Most people facing OWI charges in Michigan get arrested for an elevated BAC. The limit that applies to adults driving passenger vehicles is 0.08%. Anyone at or over that level is at risk of prosecution even if they didn’t have obvious signs of impairment while driving. The rules in Michigan allow the state to prosecute people for technical violations regardless of whether there is evidence of their alcohol consumption affecting their driving capabilities.

Defendants facing OWI charges based on a technical violation of the law might be able to provide an alternate explanation for test results or raise questions about test accuracy. Learning the rules that apply to drunk driving cases in Michigan can help defendants begin planning a defense strategy.

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