The state of Michigan, like the rest of the nation, determines if a person is driving under the influence (DUI also known as OWI) by their blood alcohol concentration (BAC) level or by an assessment of the driver’s physical and mental faculties. That BAC level refers to the number of grams of alcohol in a person’s system, and if you’re above a certain percentage it means you’re also above the legal limit.
In Michigan, the legal limit for adult drivers is .08 grams of alcohol per:
- 210 liters of breath
- 100 milliliters of blood
- 67 milliliters of urine
The legal limit in Michigan changes if you hold a commercial driver’s license or you’re under the age of 21. Commercial drivers cannot have a blood alcohol concentration level higher than .04 % BAC. In addition, drivers under the age of 21 have an even lower legal limit of .02 %. If either is above their set legal limits, then they may be arrested in Michigan for operating a vehicle while intoxicated (OWI).
It’s important to note you could be arrested for OWI even if you’re not above the legal limit. According to Michigan’s jury instructions, law enforcement can lawfully arrest you for OWI if your mental and physical condition has been significantly altered by an intoxicating substance. Therefore, you are no longer able to operate the vehicle safely. This essentially means law enforcement have the discretion to arrest you for OWI even if your BAC is below the limit.
If you’ve been arrested or charged with drunk driving or any other related offense, call Dallo Law, P.C.. J. Dallo has been defending those accused of OWI and has a proven track record of success. He’s an Oakland County DUI defense attorney who can assess your case, develop a strong defense plan, and aggressively represent you in court.