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PNR (RENEE TANNER/PETOSKEY NEWS-REVIEW / February 1, 2013) |
Most drivers know that drunk driving is illegal and can result in severe penalties, not to mention tragic collisions. But the question of whether someone is too drunk to drive can be difficult for the average person to discern. Is one drink too many? Two? Three?
In Michigan, anyone caught driving with a blood alcohol content of 0.08 or higher, called operating while intoxicated, will be arrested, likely spend a night in jail and face a misdemeanor charge with penalties including up to $500 in fines, 93 days in jail, 360 hours of community service and 180 days license suspension.
Additionally, those convicted of operating while intoxicated are required to pay what is called a driver responsibility fee to the Secretary of State. The fee is $1,000 for two consecutive years.
As if those consequences were not enough to deter drivers from getting behind the wheel after a few cocktails, a conviction will cause changes to a driver's car insurance.
Some carriers will not insure a driver who has recently been convicted of drunk driving and premium prices can skyrocket once convicted.
"To get that back down to a competitive premium could take up to five years," said Greg Burroughs, of the Cadillac Insurance Center in Harbor Springs.
Those who drive with a blood alcohol content of 0.17 or higher face even stiffer penalties. Also, a third conviction in a driver's lifetime or a conviction for drunk driving that causes death or serious injury to another person is a felony.
The rule of thumb of 0.08 is not the only measure police use, though, to determine if someone has had too many drinks to drive.
A second drunk driving offense, called operating while visibly impaired, allows an officer to make an arrest based on the way someone is driving, even if they have a blood alcohol content of less than 0.08.
Punishments for operating while visibly impaired are similar to those for operating while intoxicated.
"It's a very expensive prospect to say the least," said Emmet County Prosecutor James Linderman of being convicted of any drunk driving crime.
And it's not necessary to get in a crash or swerve all over the road to get in trouble.
"If you're driving with less care than an ordinary person," said Linderman, that is all it takes for a police officer to arrest you on a driving while visibly impaired charge.
If a driver is swerving, floating out of their lane or driving too slow or too fast, police are alerted that a driver may be intoxicated.
After they are pulled over, to determine whether the driver is in fact drunk, police can perform field sobriety tests: having them stand on one foot, count backward, walk and turn or follow a pen held in front of them with their eyes.
Police use other factors, too, to evaluate whether someone is drunk.
"The minute they hit the window and the person rolls it down" officers begin to evaluate whether someone appears to be under the influence of drugs or alcohol, Linderman continued.
If the officer smells alcohol or the person can't speak coherently, has bloodshot eyes or fumbles with their license and registration, they may begin the process of performing more tests to determine whether that person is drunk.
Finally, if all other factors indicate someone is drunk, an officer will request the person take a preliminary breath test.
In Michigan, anyone caught driving with a blood alcohol content of 0.08 or higher, called operating while intoxicated, will be arrested, likely spend a night in jail and face a misdemeanor charge with penalties including up to $500 in fines, 93 days in jail, 360 hours of community service and 180 days license suspension.
Additionally, those convicted of operating while intoxicated are required to pay what is called a driver responsibility fee to the Secretary of State. The fee is $1,000 for two consecutive years.
As if those consequences were not enough to deter drivers from getting behind the wheel after a few cocktails, a conviction will cause changes to a driver's car insurance.
Some carriers will not insure a driver who has recently been convicted of drunk driving and premium prices can skyrocket once convicted.
"To get that back down to a competitive premium could take up to five years," said Greg Burroughs, of the Cadillac Insurance Center in Harbor Springs.
Those who drive with a blood alcohol content of 0.17 or higher face even stiffer penalties. Also, a third conviction in a driver's lifetime or a conviction for drunk driving that causes death or serious injury to another person is a felony.
The rule of thumb of 0.08 is not the only measure police use, though, to determine if someone has had too many drinks to drive.
A second drunk driving offense, called operating while visibly impaired, allows an officer to make an arrest based on the way someone is driving, even if they have a blood alcohol content of less than 0.08.
Punishments for operating while visibly impaired are similar to those for operating while intoxicated.
"It's a very expensive prospect to say the least," said Emmet County Prosecutor James Linderman of being convicted of any drunk driving crime.
And it's not necessary to get in a crash or swerve all over the road to get in trouble.
"If you're driving with less care than an ordinary person," said Linderman, that is all it takes for a police officer to arrest you on a driving while visibly impaired charge.
If a driver is swerving, floating out of their lane or driving too slow or too fast, police are alerted that a driver may be intoxicated.
After they are pulled over, to determine whether the driver is in fact drunk, police can perform field sobriety tests: having them stand on one foot, count backward, walk and turn or follow a pen held in front of them with their eyes.
Police use other factors, too, to evaluate whether someone is drunk.
"The minute they hit the window and the person rolls it down" officers begin to evaluate whether someone appears to be under the influence of drugs or alcohol, Linderman continued.
If the officer smells alcohol or the person can't speak coherently, has bloodshot eyes or fumbles with their license and registration, they may begin the process of performing more tests to determine whether that person is drunk.
Finally, if all other factors indicate someone is drunk, an officer will request the person take a preliminary breath test.
