New law .08 drunk .02 imparred

[G22]

http://www.macombsheriff.com/articles/900/

The thing I find troubling about this is this statement:

Adatsi said a 150-pound person who drinks four or five drinks in one hour and then drinks one per hour after that will hover at about .08 percent.

I think that is total BS, no matter how much you weigh, if you drink 4-5 drinks in one hour your over the legal limit. And then drink one an hour after that, I dont think so. I dont drink & drive nor do I condone anyone doing so, but I weigh 200lbs & according to this article I should be able to drink even more than 4-5 drinks in one hour. BS,BS,BS.
I wish I had a BA tester so I could test this statistic. (in the safety of my home of course) :wink:

Anyway .02 is now imparred so anyway you look at it, your going to jail for .02-.08+ BAC. :etoh: :cop:

Agree? Disagree?

[Divegeek]

So what is the penalty for being impared?

[Jim Simmons]

Driving while impaired is a 90 day misdemeanor, with driver's license restricted for 180 days (you can ask for a restricted license to drive to and from work, the probation office, court, and AA), which will put you on probation for one to two years, during which you must do alcohol evaluation and treatment, lots of AA, and a lot of community service. Fines and costs will be up to $1,000 and probation and oversight fees will be about another $20/month. If your insurance doesn't cover alcohol treatment, that's out of pocket.

There is no blood alcohol level at which impaired driving is presumed; that's why LEOs will be looking at your driving, and if they decide you're impaired, however much or little alcohol you've had, you're in for an expensive trip.

Oh yes . . . to keep your driver's license, you'll have to pay a brand new driver responsibility fee of $500 per year for two years. That'll be charged by and collected by the Secretary of State.

For Operating While Intoxicated (the .08 offense) the driver responsibility fee is $1,000 per year for two years.

For Operating with ANY schedule 1 or schedule 2 controlled substance in your body, whether it affects your ability to driver or now, it's the same as Operating While Intoxicated. Same "fee" too.

And if you're impaired, or intoxicated, or have any schedule 1 or schedule 2 controlled substance in your body, and you're in an accident where someone gets hurt or killed, that's a felony. And the sentencing guidelines have been amended so that if you're convicted of that felony, it'll be difficult to AVOID doing some jail or prison time.

It's a brand new day, folks: For most purposes, zero tolerance for drinking and driving is upon us.

I spend the entire day today getting briefed on the new laws; they are scary. And, incidentally, MY fees for drunk driving cases are going up effective immediately.

[Divegeek]

I very rarely drink when I am away from home because I am usually carrying, but was curious because I go out with friends on a lot of Friday evenings for dinner and they usually will split a pitcher or two between them, and was concerned about what they might be facing. Man that's pretty stiff, one beer could really cost you. Jim also forgot to mention the other monetary deterant, your auto insurance will probably sky rocket since they could classify you as a high risk.

[G22]

There is no blood alcohol level at which impaired driving is presumed

Jim, it looks like our sheriff has presumed a level.

Previously, .08 percent and .09 percent were classified as impaired. Starting Tuesday, any alcohol detected in the bloodstream can be considered enough to charge someone with driving while impaired. Realistically, Hackel said, the blood-alcohol content would have to be at least .02 percent since that's the level for a minor to be arrested for possessing alcohol.

[Jim Simmons]

G22 wrote:

Jim, it looks like our sheriff has presumed a level.


Not exactly, Kevin. If a person's ability to operate a motor vehicle is impaired, and the person has consumed alcohol, the Sheriff is likely to charge impaired driving. It doesn't matter whether they had one beer or ten. The point is that the BAC doesn't matter for impaired. What does matter is whether the person's ability to drive was impaired, and if so, whether the impairment was caused by alcohol.

This is how it worked before they could test for alcohol in the breath or blood. You don't look at how much they drank, you look at how it affects them.

And they'll prove impairment by testimony as to weaving or driving characteristics, field sobriety tests, and physical observations.

[mohavesam]

If you have a CCW and you are responsible, then you already have a lawyer. Run it by him/her for advice.

Besides, carrying a gun and even having one drink will look absolutely foolish to any jury, even careless.


You already live in a state where innocence must be proven, why drink at all?

[shoprat]

Ok, be nice, but what exactly are schedule 1 & 2 substances? I assume we are talking about narcotic's, but what/how many widely prescribed meds fall into these categories?

[Jim Simmons]

Shoprat:

The entire list would result in the longest post on this message board. Ever.

Go to the Michigan Legislature site, michiganlegislature.org.

Then go to:

333.7212 for the statutory list of schedule 1 substances, and
333.7214 for the statutory list of schedule 2 substances.

For purposes of the driving with drugs in the body statute, you also need to know that the board of pharmacy can add substances to all the schedules, but that only the administrative list of schedule 1 drugs is applicable. The way the driving with drugs in the body statute is written, the drugs in the administrative list of schedule 2 substances do NOT apply.

And the list of administratively added schedule 1 substances is found at:

http://www.state.mi.us/orr/emi/admincode.asp?AdminCode=Single&Admin_Num=33803101&Dpt=&RngHigh=33923405

Look at R (meaning administrative rule) 338.3112 (opium derivatives);
R 338.3113 (hallucinogenic substances)
R 338.3113a (depressants)
R 338.3114 (tetrahydrocannabinols)
R 338.3114a (stimulants)

These are all administratively added schedule 1 substances.

[shoprat]

Thanks Jim

[G22]

Well, I guess my friend will be one of the first people to experience the new law. :(

While we were up in Alpena last weekend salmon fishing, we went to get some dinner before fishing, my buddy had a few beers then ordered a long island. When we got to the river we noticed that we forgot the scotch tape we use to hold those little glow sticks on the tips of the rods. I was fine without them so I got to fishing right away. While I was fishing down river he took off to 7-11 to get some tape.(Its only 5min away). So 1/2 hour passes, he's not back yet. Now its an hour later, no sign of him.
the first thing that goes through my head is he got picked up for drunk driving.

Yep thats what happened. A rolling stop at a blinking red light was the reason. $312 for bail, $50 for impound, $25 for taxi home (for the rest of us).

The worst part is the stupidity of the whole situation. I volunteered to be the designated driver that night & only had one beer with dinner. I would have had no problem going into town to get tape.

The only thing he has going for him is that this is his 1st offence.
Other than that he's in for a long expensive ride for a roll of scotch tape.

Needless to say, it ruined a perfectly good night of fishing, (they were in thick too). But I ended up with 4 nice size silver salmon for the weekend anyway. And a huge lesson learned.

[Jim Simmons]

Kevin, get your friend to get a good attorney right now. Preferably someone connected with the judge or the prosecutor.

This is going to be a VERY expensive lesson for your friend.

By the way, I don't mean to come across as preachy, but you said something I gotta take issue with. You said:

I volunteered to be the designated driver that night & only had one beer with dinner.

Designated driver mean NO BOOZE. None at all, Nicht, Nada, Nyet.

You didn't say whether you were carrying -- and I don't want you to! You went through CPL class; what's the BAC where trouble begins? .02 -- the lowest positively detectible limit.

Like it or not, we're inching towards zero tolerance for drinking and driving or drinking and carrying. Learn from your friend's ultra expensive mistake.