Drunk driving charges, which Michigan calls operating while intoxicated (OWI) offenses, are often levied in the wake of car crashes or failed chemical tests. Most drivers tested by police officers on the side of the road fail if their blood alcohol concentration (BAC) is 0.08% or higher. However, there are a few groups of drivers who might actually face OWI charges and allegations of failing a breath test with much lower BAC test results.
Who is subject to stricter limitations on their BAC than the average adult?
1. Underage motorists
Drivers who are not yet old enough to legally consume alcohol are subject to a strict limit in Michigan. Any test results showing a BAC of 0.02% or higher can be enough to justify the arrest of an underage motorist.
2. Drivers with ignition interlock devices
Motorists with a prior OWI conviction may have to install an ignition interlock device (IID) in every vehicle they drive. Motorists subject to IID requirements have to perform a test before starting their cars and they also need to perform rolling tests while the vehicle is in motion. The limit that applies is usually 0.02%, regardless of the driver’s age.
3. Commercial drivers
Professionals operating buses, semi-trucks and other commercial vehicles need absolute control to maintain safety. As such, the law limits them to a much lower BAC than the typical motorist. Test results showing a BAC of 0.04% or higher can constitute a failed test for a driver in control of a commercial vehicle.
Anyone accused of an OWI offense is at risk of significant criminal penalties. Reviewing test results and other details about one’s situation with a skilled legal team can help motorists develop a workable strategy before their case goes to trial.