MenuIf you’re over 21, you can technically have a specific level of alcohol in your system and still operate your vehicle lawfully. That is because the legal blood alcohol concentration (BAC) limit for non-commercial drivers in Michigan and many other states in the U.S. is 0.08% for virtually all motorists.
As a result of this ability to be “lawfully intoxicated” to a very specific degree, it is easy for most motorists to justify having a drink – or even two – before operating a vehicle, so long as they are not showing any signs of impairment and they believe that enough time has passed since they stopped drinking that it is now safe to drive.
With that said, it is essential to remember that all driving after imbibing alcohol is risky because you can’t be sure that your BAC is below the legal limit. Even if you take a personal breath test before getting behind the wheel, you can’t be sure that the test is accurate.
Most of the time, you’ll either want to make an informed judgment call by only getting behind the wheel after a truly conservative amount of time has passed since you stopped drinking before choosing to drive. But, if you need to transport a minor in your vehicle from wherever you are, you need to seriously consider not having anything to drink whatsoever.
Read more in our blog: Blood Alcohol Content (BAC)
Why It’s Important To Be Over-Cautious When Transporting Minors
It is a well-known fact that Michigan enforces some of the nation’s most severe impaired driving penalties. This is just one of the reasons why it is ideal to completely avoid the risk of being pulled over due to an officer’s suspicion that you are driving while drunk or high. Yet, as has already been noted, many people understandably get behind the wheel after having only one or two drinks because they believe they are lawfully intoxicated under the legal BAC limit. Trouble generally only occurs when someone misjudges their BAC, and they are pulled over while their BAC remains higher than they thought it was.
Ordinarily, in the event of a first-time DUI conviction in Michigan, motorists face the risk of being sentenced to the following penalties as long as their BAC is between 0.08-0.16%:
- A term of imprisonment in a county jail for no more than 93 days
- A community service requirement not to exceed 360 hours
- A fine of between $100 and $500
- A suspension of their driver’s license for 30 days in addition to license restrictions for 150 days
- The possibility that they will be required to install an ignition interlock device on their vehicle
- The possibility that their vehicle will be immobilized
- The addition of six points to their driver’s license
In the event of a first-time DUI or OWI (operating while intoxicated) offense wherein the motorist has a BAC that exceeds 0.16%, the alleged offender will risk the following penalties if they are convicted:
- A term of imprisonment in a county jail for no more than 180 days
- A community service requirement not to exceed 360 hours
- A fine of between $200 and $700
- A suspension of their driver’s license for up to one year
- The possibility that they will be required to install an ignition interlock device on their vehicle
- The possibility that their license plates will be confiscated if they operate a vehicle that isn’t outfitted with an ignition interlock device – provided that their license has been reinstated subject to restrictions after 45 days of suspension time
- The addition of six points to their driver’s license
If you are charged with a first-time impaired driving offense in Michigan, you’ll risk one of these two sentencing schemes in the event of a conviction. However, your charges will be considered aggravated or escalated if you are transporting a minor under 16 at the time of your offense. Under these circumstances, you’ll likely face child endangerment charges, which carry the risk of the following additional penalties:
- A term of imprisonment in a county jail for a minimum of five days and a maximum of one year
- A community service requirement that may last anywhere from 30-90 days
- A fine of up to $1,000
- A suspension of your driver’s license for up to 180 days
As you can see, the aggravated penalties – not to mention the stigma – associated with child endangerment charges make the situation of being convicted of a DUI or OWI while transporting a minor passenger a risk that is simply not worth taking.
Connect With A Knowledgeable Michigan DUI Lawyer Today To Learn More
If you have already been charged with a DUI while you were transporting a minor, it is vitally important that you seek professional legal guidance immediately. If you are convicted, the consequences could be life-altering, especially if you were transporting your child and you are not married to their other parent – as they could hold your actions against you in family court – or a conviction could impact your employment status. Whether you drive a truck for a living or you work with kids, a conviction could cost you your livelihood.
At George Law, we understand how important securing a favorable result in a criminal defense case is. We know that our efforts could mean the difference between someone’s ability to live out their future in the ways they desire and being burdened with a criminal record for the rest of their life.
The time to start aggressively fighting on behalf of your rights is now. Log on to our firm’s website to utilize its 24/7 chat feature or submit a contact form to schedule a free case evaluation. If you prefer to call, you can reach us by dialing (248) 247-7459 or by our firm’s website. The stakes of your situation are too high for you to go through your circumstances alone. Connect with us today so that we can begin building the strongest possible defense in response to the charges you’re facing. We look forward to speaking with you.