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Michigan's new high BAC (blood alcohol content) drunk driving law provides enhanced penalties for first-time drivers convicted of operating with a BAC of .17 or higher.

State Police Report 73% Less Driving Fatalities During Thanksgiving Holiday

New DWI/Sobriety Court Project Using Interlock Systems to Start in 2011

December 5, 2010       Leave a Comment
By: Dave Rogers

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The new Michigan high BAC (blood alcohol content) law took effect at Halloween and State Police are already seeing a decrease in traffic fatalities.

Michigan's new high BAC (blood alcohol content) drunk driving law provides enhanced penalties for first-time drivers convicted of operating with a BAC of .17 or higher.

Because the new law's effective date was Oct. 31, it also coincided with additional federally funded drunk driving patrols in 35 counties.

Michigan State Police (MSP) confirmed today that preliminary reports indicate three people lost their lives in three separate traffic crashes during the 2010 Thanksgiving holiday period. By comparison, 11 people died in traffic crashes during the 2009 Thanksgiving holiday period, the decrease amounting to 73 percent.

One of the three fatal crashes involved a pedestrian. The other two fatalities were both unrestrained passengers. Alcohol is a known factor in one of the three fatal crashes.

"These numbers are preliminary and only reflect those fatalities reported to the Michigan State Police as of noon today," stated Capt. Monica L. Yesh, commander of the MSP Traffic Safety Division.


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"The preliminary numbers show a substantial decrease in fatalities from this same holiday period last year. It is the goal of the MSP to continue enforcement and education efforts so that this positive trend will continue through the holiday season and into 2011."

Last year, 463 people died in alcohol and/or drug-related crashes in Michigan. Of that number, 358 were killed in alcohol-only crashes, 41 in drug-involved crashes and 64 in both alcohol- and drug-involved crashes.

Michigan law enforcement officers arrested 57,789 people for alcohol-related driving offenses in 2002. Of that number, 26,330 were convicted of drunk driving and 28,770 were convicted of impaired driving.

According to the NHTSA, laboratory and on-road research shows that the vast majority of drivers are significantly impaired at .08 with regard to critical driving tasks such as braking, steering, lane changing, judgment and divided attention.

In addition to the change in the drunk driving standard, the new law also contains a zero tolerance for drivers with certain illegal drugs in their system. These "schedule 1" drugs are those with no medicinal use, such as marijuana, GHB, cocaine and cocaine-derivative drugs.

With this change, prosecutors will not have to prove the driver was impaired, just that they were driving with those drugs in their system. The same penalties for drunk driving will apply to those convicted under the zero-tolerance drug provisions.

Other penalties have also been increased. Anyone who refuses a breath test the first time is given a one-year driver;s license suspension. The penalty had been a six-month license suspension. For a second refusal in seven years, it is a two-year suspension.

Motorists who wish to have limited driving privileges following a 45-day license suspension may do so only after a breath alcohol ignition interlock device is installed on their vehicle. Installation and monthly fees are the responsibility of the driver.

An ignition interlock requires a driver to blow into the device and prevents a vehicle from starting if it measures a BAC of .025 or above. In addition, the device requires periodic retests when driving longer periods. The device records the date and time of each test and any violation is reported to the Department of State.

According to the National Highway Traffic Safety Administration's review of research, ignition interlocks reduce recidivism among first-time and repeat DWI offenders, with reductions in subsequent DWI arrests ranging from 50 to 90 percent while the interlock is installed on the vehicle.

A related law will take effect in 2011 that establishes restricted driver's license requirements for individuals participating in the "sobriety court interlock project" pilot program. The program will allow repeat alcohol offenders to obtain a restricted license and drive a vehicle that has an ignition interlock device. Participants will be limited to driving to and from work, school or a treatment program.

Public 462 of 2008 creates a new high BAC category of "operating while intoxicated." BAC refers to the alcohol content in a person's blood, breath or urine. This new operating while intoxicated offense provides for enhanced criminal and driver's license sanctions.

The legislation was sponsored by Sen. Alan Cropsey (R-DeWitt) and Rep. Bob Constan (D-Dearborn Heights). Sen. Patricia Birkholz (R-Saugatuck Township) and Rep. Marc Corriveau (D-Northville) sponsored related legislation that will establish a DWI/sobriety court ignition interlock pilot project in 2011.

Among the enhanced penalties, convicted drivers could face:

Up to 180 days in jail (increased from 93 days)

Fine of $200 but not more than $700 (increased from $100 but not more than $500)

One year license suspension with restrictions permitted after 45 days (increased from six-month license suspension with restrictions permitted after 30 days)

Up to 360 hours community service (same)

Cost of prosecution (same)

Immobilization not exceeding 180 days allowed (same)

6 points on the driving record (same)

Mandatory alcohol treatment program or self-help program for a period of not less than one year.

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Dave Rogers

Dave Rogers is a former editorial writer for the Bay City Times and a widely read,
respected journalist/writer in and around Bay City.
(Contact Dave Via Email at carraroe@aol.com)

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