Home > Criminal Law, Drunk Driving - OWI > Michigan OWI Limit Scheduled to Increase to .10

Michigan OWI Limit Scheduled to Increase to .10

You might be surprised to learn that under Michigan’s current law, the BAC required for
being classified as intoxicated while driving is scheduled to increase from .08 percent
to .10 percent on October 1, 2013.

This seemingly sudden change has been approaching for almost ten years. In July
of 2003, Michigan legislature passed a bill devised to bring the state of Michigan
into compliance with the National Highway Transportation Safety Administration’s
requirement that all states adopt a blood alcohol threshold of .08 percent for drunk
driving offenses. Consequently, on September 30, 2003 Michigan’s BAC threshold
converted from .10 percent to .08 percent. However, a sunset provision included in the
new drafting of this bill stipulated that the law would cease to be in effect as of October
1, 2013. In other words, unless further legislative action is taken to extend the law, after
October 1, 2013 the BAC will revert back to .10 percent.

On January 23, 2013 Representative Andrea M. LaFontaine introduced House Bill
4093 to eliminate the BAC threshold’s automatic increase. House Bill 4093 ensures the
continued legal enforcement of drivers operating vehicles while exceeding a BAC of .08
in the state of Michigan.

Additionally, on January 29, 2013 Representative Klint Kesto introduced a companion
bill (HB 4131) designed to maintain the current sentencing guidelines for drivers arrested
after registering a BAC of 0.08 or higher come October.

“This is common-sense legislation that addresses public safety,” said Kesto, R-Commerce
Township. “If we were to allow the BAC to go up to 0.10, people on our roads would be
endangered by drivers who had too much alcohol to drink but were still driving within
the law. Maintaining the current BAC level will act as an effective deterrent to drivers
who might push the limits on how much alcohol they ingest before getting behind the
wheel of a car.”

In Michigan, if you are charged with an OWI for operating a vehicle with a blood alcohol
level of .08% or greater, the penalties are very severe. First time offenders, charged and
convicted with OWI, face up to: 93 days in jail, 180 days of a suspended license, 360
hours of community service, fines ranging from $100 to $500, and 6 points on their
drivers license.

If you have been charged with an OWI in Michigan and you are in need of an honest and
hard-working defense attorney, contact The Leydorf Law Firm at any time by calling
(517) 388-6800.

References:

Act No. 61: http://www.legislature.mi.gov/(S(tipoqmuuc3y4zuz1t51ydn55))/documents/
2003-2004/publicact/pdf/2003-PA-0061.pdf

House Bill No. 4093:
http://www.legislature.mi.gov/documents/2013-2014/billintroduced/House/pdf/2013-
HIB-4093.pdf

House Bill No. 4131:
http://www.legislature.mi.gov/documents/2013-2014/billintroduced/House/pdf/2013-
HIB-4131.pdf

“Kesto Bill Keeps State’s Drunken Driving Laws Intact.” Michigan House Republicans.
N.p., 29 Jan. 2013. Web. 08 Feb. 2013.

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  1. February 12, 2013 at 5:11 pm

    Michigan limit has increased and its for good reason. People can’t expect to keep driving.

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