Latest / BSPE Legal Marketing Podcast / What Is the Michigan Legal Alcohol Limit? - Paul J. Tafelski

Transcript

What Is the Michigan Legal Alcohol Limit? - Paul J. Tafelski · BSPE Legal Marketing Podcast

• 0:00
  SPEAKER_00: What is the Michigan legal alcohol limit?
• 0:02
  SPEAKER_00: Most drivers assume that staying under 0.08% keeps them safe from criminal charges, but Michigan law is far more complicated than that simple number suggests.
• 0:13
  SPEAKER_00: In Michigan, the legal blood alcohol content limit is 0.08% for drivers age 21 and older, as established under MCL 257.6251B, making it a per se offense the moment a test result reaches that threshold.
• 0:30
  SPEAKER_00: Because a per se offense means prosecutors do not need to separately prove visible impairment.
• 0:36
  SPEAKER_00: A single breath or blood test result at or above 0.08% can establish the alcohol content element of an OWI charge on its own.
• 0:46
  SPEAKER_00: Commercial drivers face an even stricter standard, with Michigan's zero tolerance law prohibiting driving with any bodily alcohol content of 0.02% or more, reflecting the heightened responsibility placed on CDL holders.
• 1:00
  SPEAKER_00: What surprises many Michigan drivers is that a BAC reading below 0.08% does not automatically clear them of criminal liability, because a charge of operating while visibly impaired under MCL 257.6253 can still be filed.
• 1:17
  SPEAKER_00: Under the OWI provision, prosecutors build their case using officer observations about a driver's speech and balance, field sobriety test performance, dash camera recordings, and the driving behavior that prompted the stop.
• 1:30
  SPEAKER_00: Roadside field sobriety tests are inherently subjective, and factors like uneven pavement, poor weather, inappropriate footwear, fatigue, or underlying medical conditions can all affect a driver's performance, regardless of actual impairment.
• 1:44
  SPEAKER_00: Michigan's high back law, sometimes called the Super Drunk Law, under MCL 257.6251C, creates a separate and more serious offense for any driver whose test result reaches 0.17% or higher.
• 1:59
  SPEAKER_00: A first offense high back eviction can bring up to 180 days in jail, fines ranging from 200 to$700, and a full one-year license suspension with no restricted driving available for the first 45 days.
• 2:13
  SPEAKER_00: After the initial 45-day hard suspension, restricted driving may become available, but only with an approved ignition interlock device installed on the vehicle, along with mandatory court-ordered rehabilitation programming for at least one year.
• 2:26
  SPEAKER_00: Oakland County OWI defense attorney Paul J.
• 2:29
  SPEAKER_00: Tefelski has been defending drivers in Michigan since 1995, focusing his practice on challenging traffic stop legality, examining police protocols, and evaluating the technical accuracy of chemical tests.
• 2:42
  SPEAKER_00: As a lawyer licensed in all Michigan state and federal courts, Tefelski concentrates on constitutional traffic stop challenges, chemical test analysis, and driver's license restoration for clients across Oakland County and statewide.
• 2:55
  SPEAKER_00: Every OWI case carries consequences that extend well beyond fines, potentially affecting your license, your employment, and your future, which is why the guidance of an experienced attorney matters from the very start.
• 3:07
  SPEAKER_00: Contact Paul J.
• 3:08
  SPEAKER_00: Tefelski, Michigan Defense Law, at 248-451-2200, located at 2525 South Telegraph Road, Suite 100, Bloomfield Hills, Michigan, 48302, United States, to schedule your consultation with a law firm that has defended Michigan drivers for decades.