Michigan Drunk Driving Laws.
Michigan has two major laws concerning driving while intoxicated. Note that is illegal to posess an open container of alcohol in a vehicle regardless of blood alcohol content. You can be charged with these crimes even if a blood alcohol test was not given. It is harder to prove that you were intoxicated but it definitely can be done.
If you refuse the breathalizer test than you will probably have your license taken away for one year. However, you can not get jail time for refusing the test. If you refuse the test the police may request a court order forcing you to submit to the test. Also, even if a test is never taken you still may be charged and convicted using other evidence. You should consult a lawyer for advice on what to do. Of course, it is best simply to NEVER DRINK AND DRIVE.
IMPAIRED DRIVING. Impaired driving is defined as driving with a blood alcohol content of .07 percent or higher. Average weight people can hit this by drinking three drinks within two hours. Each person's body matabolizes alcohol at different rates.
Penalties.
DRIVING UNDER THE INFLUENCE. DUI is defined as having a blood alchohol content of .010 or higher. You will probably need to drink four drinks in a short period of time to hit .010.
Penalties.
In addition there are many provisions calling for increased penalties if the driver is in an accident that results in death or bodily injury. There are also many other complicated provisions.
Currently, there is proposed legislation that would lower the Blood Alchohol Limits to .08 and .05. There are also several other bills that would increase penalties and take away the cars of repeat offenders.
We really can't see the logic in any of these bills. The problem drivers are those with BAC of greater than .010. There are substantial penalties for repeat offenders. If we really want to get drunks off the roads than we need to sentence the offenders to jail time and/or help them defeat their addiction. What good is increasing the penalties when we rarely sentence offenders to the maximums already on the books?
Taking away the cars of offenders or marking their cars with special plates punishes more than just the offender. What about leased cars? What about when the offenders wife drives the car with the "special plates?" Let's punish the offenders and not the innocent people! You can't drive when you are in jail. A judge is the most qualified person to determine a sentence for the crime in each circumstance - not the legislature.