In many cases, the simplest question a person might ask in regards to BAC limits will be how many drinks it takes to reach the legal limit of 0.08. Unfortunately, the answer is not simple and takes some understanding of bodily composition, alcohol absorption rates and general physiology. Being able to understand this fully allows DUI defense attorneys to properly represent their clients and ensure they are defended from unfair or even improper charges.
Physiological Factors
There are multiple physiological factors that come into play when determining how the body absorbs, processes and is affected by alcohol. The main factor in this is what gender the person is, as alcohol is processed in the body at different rates between men and women. This is due to differences in liver size as well as body fat percentages and water content between the two genders.
Women naturally have higher body fat content, which aids in keeping alcohol in the bloodstream longer than men. Alcohol gravitates towards water, and because of a higher fat content, it has less water to dilute into. Generally speaking, if a man and a woman of equal weight consume an equal amount of alcohol, the woman will have a higher BAC for a longer period of time.
While modern science explains this phenomenon, in the past conventional wisdom held that the reason for women becoming intoxicated quicker is that they simply eliminate alcohol slower than men. However this is not the case. In fact, the average BAC elimination rate for men is 0.015 per hour, whereas the average rate is 0.018 per hour for women – which means their livers are technically more efficient at eliminating alcohol than men. This seemingly conflicting information can be confusing on the surface, but is explained by a woman’s higher fat content per body weight as mentioned previously. This is the real reason for the higher BAC in women – there is less water for the alcohol to dilute into.
The lower fat content per body weight in men, combined with their larger average body size compared to women means that the same size drink in an average man and an average woman has quite different effects in terms of BAC levels over time. Even with women’s more efficient livers, they are at an overall disadvantage when it comes to the speed at which alcohol is eliminated. This balance is important to understand when analyzing and defending drunk driving cases.
Additional BAC Factors
In addition to gender based differences in BAC levels, there are several other factors that affect the rate at which alcohol is absorbed and metabolized by the body. These include:
- The rate at which alcohol is consumed, normally measured in drinks per hour
- The amount of food consumed prior to and during the process of drinking
- Prescription medications that may be taken concurrently
- What time of the day the alcohol was consumed
- Smoking habits
- Using birth control or hormone pills
- Being tired, sleep deprived or fatigued
Measured Units of Alcohol and BAC
Alcohol consumption is best measured by units, not by the drinks themselves. This is due to varying amounts of alcohol content in different types of drinks. It is important to understand this as several drinks of one type will result in quite different BAC levels than another. Below are the general guidelines for what constitutes a single unit of alcohol per drink type:
- 5-6 oz of wine with a 12% alcohol content
- 12 oz of beer with a 5% alcohol content
- 1.5 oz of 80 proof liquor
Averaged out between men and women, a single unit of alcohol will raise BAC levels by 0.02 to 0.025.
Special BAC Circumstances and Limits
There are certain circumstances in Michigan where special BAC limits outside of the standard 0.08 apply. These are applicable for situations involving High BAC OWI, Minor OWI and CDL holder OWI. In these situations, the gravity of the offense creates the need for extra strict BAC limits and punishments beyond normal OWI cases.
If a person is pulled over in Michigan and has a measured blood alcohol content of 0.17 or higher, they can be charged with a “high BAC OWI” offense, also known as a super drunk charge. A conviction for this carries with it significantly increased penalties in the form of heavy fines and extended jail time. The reason this is treated differently than a standard OWI offense is the severity of accidents that occur as a result of drivers with a high BAC. The goal of the increased punishment is to have stronger discouragement from such reckless behavior.
Blood alcohol content limits for minors in Michigan is considered “zero-tolerance”, which means that the state does not allow for any consumption of alcoholic beverages by minors prior to or during driving. This is in addition to the general prohibition of alcohol for those under 21 years of age. In order to account for normal background and natural BAC levels present in the body, the state has set the limit at 0.02% for minors. Anything at or above this level will result in a drunk driving arrest.
The last special limit for blood alcohol content set by the State of Michigan is for CDL holders. Due to the nature of operating commercial vehicles and the increased risk they pose to other motorists on the road, the BAC limit for CDL holders operating commercial vehicles is 0.04% – half that of normal passenger vehicles. While this limit only applies to CDL holders actively operating commercial vehicles, it should be noted that a OWI conviction outside of this can have implications on their commercial driving privileges.
Most Michigan residents are aware that anyone with a blood alcohol content (BAC) higher at or above 0.08 can be charged with drunk driving (OWI). However, most are not aware that there are additional BAC limits for different circumstances that make the entire process considerably more complicated. Understanding the different BAC limits in Michigan is critical to ensure you stay out of trouble as well as to help understand your situation in the event you are facing OWI charges.
Contrary to popular belief, an individual definitely can be charged with drunk driving if their blood alcohol is below 0.08. On top of this, if they are very drunk with a BAC at or above 0.17, then they may be subject to enhanced penalties under Michigan’s “Super Drunk” law. For drivers under the age of 21, the BAC limit is considerably lower at 0.02 due to the fact that minors are not legally allowed to possess or consume alcohol in the first place.
Commercial drivers with a Commercial Drivers License (CDL) have their own special BAC limits of 0.04 regardless of the circumstances. To make things even more complex, police officers are given the discretion to arrest and charge an individual with drunk driving strictly based on visual observation of what they believe to be impairment, even if the suspect is below the applicable Michigan BAC limit. These additional BAC limits and rules can come as an unpleasant surprise to individuals with the possibility of life altering consequences.
Penalties for Drunk Driving in Michigan
Those convicted of first offense OWI face the possibility of 93 days in jail, $500 fine, mandatory alcohol treatment and a minimum of a six month driver’s license suspension. While jail time is unusual for first offenders, certain county court systems are quite enthusiastic about enforcing maximum sentencing even for first time offenses.
After 45 days of a license suspension, offenders may be eligible for a restricted license but only if an ignition interlock device is installed on the vehicle. In addition to this, there is the possibility offenders will be responsible for a $1,000 driver responsibility fee to be paid to the state for up to two years in order to legally operate their vehicle.
Driver’s License Suspension
For a first offense OWI, there is the possibility of license suspension for 30 days, with additional restrictions for the following 150 days. Second and third offenses can and usually do result in license revocation. License revocation is different from suspension in that it is effectively canceled, with a complex reinstatement process required for offenders to be able to regain their license driving privileges.
High BAC – AKA “Super Drunk”
If an individual’s BAC is .17 or higher, then they’re considered Super Drunk under Michigan law and may receive enhanced penalties even if this is your first offense. These enhanced penalties may include the loss of a driver’s license for one year, and up to 180 days in jail. There is also a high probability of a court requiring an ignition interlock device to be installed on an offender’s vehicle.
Fines, Community Service For OWI
Being convicted of OWI in Michigan typically will involve fines and community service in addition to other penalties. The fines can range from $100 all the way up to $10,000 if, during the course of an OWI, the offender caused the death or serious injury of another person. Community service, which may be ordered at the judge’s discretion in a first offense, becomes mandatory in a second or third offense.
Judges Have Limited Sentencing Discretion
The law in Michigan gives the judge handling drunk driving cases many options on how they can administer punishment for an OWI conviction. Similarly, the prosecutor in a case may also have some discretion when it comes to what penalties they will recommend to the judge. If it is an individual’s first offense, and their BAC was under .17, then they may receive a lighter penalty than someone who has a history of driving while intoxicated.
Generally speaking, the higher an individual’s BAC, the more likely that they will receive a stiffer punishment. Additionally, in a high BAC case, these individuals may need to have what is known as an ignition interlock device (IID) installed on their vehicle in order for them to be able to legally drive. Every time a vehicle is operated with one of these devices, the driver must blow into the device to ensure that they are not intoxicated. If the device detects alcohol, the vehicle will not start, or if during one of the periodic checks during operation, it will cease operating entirely.
How An OWI Conviction Can Affect Your Life
Most employers will not continue to keep an employee who has been sentenced to jail time. In the event that they do allow you to keep an employee to keep their job, it is unlikely that they will earn any income during their time in jail. Additionally, because an OWI can cause an offender’s driver’s license to be suspended or revoked, they may have difficulty getting to work if public transportation is not available in their area. While it may be possible to use a rideshare service or cab, they can be expensive and also may not be available in your area. This can be particularly true if you live in one of Michigan’s many rural areas outside the Metro-Detroit region.
Some employers even consider an OWI conviction as grounds for termination, even if the individual does not step foot in jail. This is especially true for jobs that require the maintaining of a driver’s license, such as a professional truck driver, delivery driver, etc. as a condition of employment. Because Michigan is an at-will state, there does not need to be any just cause for termination unless there is a legal contract between the employer and employee. The only exceptions to this are terminations based on gender, age, race, disability, or religion. So, an employer is legally allowed to fire an individual for an OWI conviction and does not need to give you any justification.
In addition to the loss of a current job, an OWI conviction can also make it difficult for an individual to find a new job. Most OWI offenses will appear on a criminal background check during a pre-employment screening. Depending on the type of conviction, drunk driving offenses may stay on a person’s record for years if not forever. Although federal law typically prevents employers from not hiring an individual solely due to an OWI conviction, certain industries like transportation and health care are usually exempt from that law. Moreover, while it may be illegal for an employer to throw out an application due to an OWI conviction, they might find another reason not to hire the individual in question.
When to Seek Legal Help
At George Law, we offer a free initial consultation to discuss drunk driving charges regardless of the circumstances or BAC level involved. From our office located in the heart of downtown Royal Oak, we handle drunk driving cases in the Detroit metro area and throughout Michigan. If you find yourself facing OWI charges in Michigan, make the first right step in protecting your freedom and your future by consulting with the expert DUI defense attorneys at George Law. Contact us today to get started.