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You may have seen the road signs around town reminding us of the sad and persistent fact that 30 percent of serious car accidents involve alcohol. So, what does that mean legally? How does the law treat alcohol use in personal injury cases? Grand Rapids auto accident attorney, Tom Sinas, gives us a basic overview in this week’s segment.
Michigan has a zero-tolerance rule for drivers under the age of 21, meaning it is illegal to have any amount of alcohol in the system. For drivers over the age of 21, operating a vehicle with a blood alcohol content (BAC) of 0.08 or higher in Michigan is a crime. The criminal penalties for drunk driving increase with each offense. The first two offenses result in a misdemeanor, and three or more offenses result in a felony.
If you injure or kill someone while drinking and driving, it automatically becomes a felony charge. While a drunk driving accident that causes injury results in a five-year felony charge, an accident that causes death results in a 10-year felony charge:
- Driving with a BAC of 0.08 or higher: first two offenses are a misdemeanor, 3+ offenses are a felony
- Driving with a BAC of 0.08 or higher resulting in injury: 5-year felony
- Driving with a BAC of 0.08 or higher causing death: 10-year felony
Michigan law defines the term “super drunk” as blood alcohol of 0.17 or more. When you are pulled over at this level penalties are harsher, such as increased jail time, more fines, and a longer suspension of your driver’s license.
When you operate a vehicle in Michigan, you are implicitly consenting to have a breathalyzer conducted should a police officer suspect you are driving under the influence. Refusing to do so could result in an automatic addition of 6 points to your license or complete confiscation.
The financial costs associated with drunk driving misdemeanors add up quickly. If a driver receives an OWI (Operating While Intoxicated), commonly called a DUI (Driving Under the Influence), auto insurance won’t cover the expenses incurred and will likely increase future coverage rates. Additionally, other financial costs and consequences will incur. Below is a list of potential expenses for receiving a DUI/OWI:
- Car tow/storage costs
- Jail time or the cost of the bond
- Alcohol counseling
- Insurance rate increase
- Interlock device installation/rental/maintenance
- The potential loss of your job/professional license
- Fines and court costs
The financial costs of drunk driving accidents, especially ones that result in injury or death, are significant. Injured victims will undoubtedly incur medical expenses. The injured victim will first turn to their own auto no-fault insurance policy, or the policy of a resident relative, to pay no-fault benefits, which include medical expenses. However, drunk driving accidents are often very serious, and damages may extend beyond what is compensable under the victim’s no-fault policy. In instances of “quality of life” damages, such as non-economic damages including pain and suffering, loss of consortium, loss of function, etc., and excess economic losses, injured victims of drunk driving accidents may then be able to pursue a second claim entirely against the drunk driver.
There is no way to measure the emotional cost of being injured or losing a loved one in an accident caused by a drunk driver. Unfortunately, that expense can far outweigh the financial cost, and the emotional weight will likely never be lifted from the victim, their family members, or the driver themselves. Drunk driving laws in Michigan are designed to keep the roads safe and can result in severe consequences if broken. If you have been drinking, make sure to use a designated driver or rideshare service such as Uber or Lyft.
Don’t drink and drive, the consequences are simply not worth the risk.
To learn more, visit sinasdramis.comor call 616-301-3333.
