In the 1980’s’, when the concept of “legal limit” was first placed into Michigan’s drinking and driving laws, it was said to be unlawful to drive a car at or above .15%. Soon thereafter the legal limit was lowered to .10% and in 2003 it was reduced further to .08%.
Where did this legal limit come from, and will it go lower?
The Michigan DUI Book states that: As early as 1917 in Michigan, there has been some criminal offense to operating a moving conveyance of one type or another while under the influence of alcohol, with marked changes occurring starting in 1948[i]. The first per se limit was 0.10 grams. (Per se meaning you are automatically breaking the law if your blood alcohol level is above this limit, even if you show no signs of any impairment.) This was revised to the current 0.08 limit in 2003.[ii] The first forms of the implied consent law were also passed in 1948.[iii]
The National Safety Council’s Committee on Alcohol and Other Drugs, in their position statement, said that all people are impaired with respect to driving at a 0.08… While this is misleading in some ways, it is used as a basis for the current law.
There is a movement afoot to further lower the legal limit to .05% or even lower, The present drinking-driving standards in the UK and Europe as of 2009 are already at the equivalent of a 0.05% standard, or lower.[iv]
According to the Mail OnLine:
Motorists could find themselves over the limit after drinking less than a pint of beer in the most radical reform of drink-drive laws for more than 40 years.
An official review, expected to be published within weeks, is expected to recommend bringing Britain into line with most of Europe by slashing the legal limit from 80mg of alcohol per 100ml of blood to 50mg.
Within the next decade Michigan is likely to have a legal limit as low as .05% and maybe even as low as .02%.
[i] P.A. 1917, No. 164; C.L.1948, § 257.625; P.A.1949, No. 300, § 625, Eff. Sept. 23.
[ii] P.A.2003, No. 61; M.C.L.A.257.625
[iii] C.L.1948, § 257.625c; P.A.1949, No. 300, § 1, Eff. Sept. 23, added by P.A.1967, No. 253, § 1, Eff. Nov. 2, 1967.
[iv] In Chapter 6 (in the new Update to Intoxication Test Evidence, 2d Ed. due out in weeks).
This post was written by...
admin – who has written 85 posts on Michigan Drunk Driving Defense.
Patrick T. Barone is the principle and founding member of the Barone Defense Firm, headquartered in Birmingham, Michigan. The Firm exclusively represents those accused of crimes involving allegations of drinking and driving. Mr. Barone is an adjunct professor at the Thomas M. Cooley Law School as well as the author of two respected books including Defending Drinking Drivers (James Publishing), The DUI Book - A Citizen’s Handbook on Defending a Drunk Driving Case, and a chapter in Defending DUI Vehicular Homicide Cases, 2012 ed. (Aspatore Books). He also served as the executive editor of the DWI Journal: Law & Science. He is also a graduate of the Gerry Spence Trial Lawyer's College. Mr. Barone has been listed as “Seriously Outstanding” by SuperLawyers, and since 2009 has been included in America’s Best Lawyers. He has an “AV” (highest) rating from Martindale-Hubbell, and is a frequent lecturer and has presented around the country on trial practice and drunk driving defense tactics.
