Increases in alcohol-related driving accidents in Michigan and across the nation have led to tougher state and federal DUI laws to curb drinking and driving and DUI accidents. Michigan has lowered its legal limit to .08 BAC. With the lower limit, a driver stopped for drinking and driving can get trapped in Michigan’s criminal justice system and be charged with OWI or another DUI law violation, even if the driver didn’t feel intoxicated and shows no visible signs of intoxication.
If this has happened to you, you are not alone. But you need a seasoned Michigan DWI defense lawyer who knows federal and state DUI laws and how to help you put your legal difficulty behind you.
Contact Drunk Driving Defense Lawyer Who Knows State, Federal DUI Laws
DUI defense attorney Paul J. Tafelski, P.C. understands federal and state DUI laws. He deals with state and federal DUI laws every day as he represents good people who have gotten ensnared by an ever more complex mesh of alcohol-related laws.
Call (248) 451-2200 to speak today to a knowledgeable DUI arrest lawyer. For the quickest response at night or on weekends, please send an e-mail to Paul Tafelski’s cell phone.
Federal and State DUI Laws After a DUI Arrest
Federal and state DUI laws and driving penalties regarding DUIs have evolved over the decades. Michigan’s Public Act 149 established the state’s first DUI law in 1960. It created a two-tiered system with different penalties for drivers with .05 BAC and .15 high BAC. Michigan’s DUI law was revised in 1967 to create a three-tiered system, recognizing three different levels of BAC and intoxication. Michigan’s state DUI laws were tightened again in 1971 to a two-tiered system with different penalties for drivers convicted of operating a vehicle with .08 BAC and .10 BAC.
In October 2000, Congress passed a federal DUI law making .08 BAC a national standard for driving while intoxicated and giving states a period of time to come into compliance if the states wanted to receive continued federal highway funding.
In 2003, Michigan enacted Public Act 61 of 2003, adopting the .08 BAC as its DUI legal definition. The new DUI legal definition encompasses a number of different DUI charges including:
- Operating A Vehicle While Intoxicated (OWI): Blood Alcohol Concentration (BAC) of .08 or higher;
- OWI with High BAC also known as the Super Drunk law; Blood Alcohol Concentration of .17 or higher;
- Operating While Visibly Impaired (OWVI): If your driving was noticeably affected by alcohol, drugs or a combination, based on police observation;
- Unlawful Bodily Alcohol Level/Unlawful Blood Alcohol Content: If you are younger than 21 years of age, with a BAC of .02 to .07, or any alcohol in your body that wasn’t consumed at a religious ceremony, you may be charged with UBAL/UBAC under Michigan’s Zero Tolerance DUI Legal Definition;
- Operating a Vehicle with Any Presence of Schedule 1 Drug: After a DUI stop, if the chemical test detects any evidence of cocaine or other common illegal drugs, you may be charged with OWPD.
Intersection of Federal and State DUI Laws
Recently Michigan has expanded its state DUI laws again to a two-tiered system, creating harsher penalties for drivers convicted under Michigan’s Super Drunk law with blood alcohol concentration of more than twice the legal limit.
As part of the DUI penalties imposed by the Super Drunk law, convicted drivers must have ignition control devices put on their vehicles that prevent the vehicle from starting if the driver has alcohol on their breath. Here again is an intersection of federal and state DUI laws. Michigan law specifies that interlock ignition devices installed on vehicles in Michigan meet specifications outlined in the Federal Register, where federal laws and notices of changes of law are published. The Federal Register specified that alcohol breath interlock ignition devices use “alcohol-specific electrochemical fuel sensor technology” with safeguards to prevent circumventing the ignition system.
Trust DUI Defense Attorney Who Knows State, Federal DUI Laws
DUI defense attorney Paul J. Tafelski, P.C. understands federal and state DUI laws. He uses his knowledge of DUI laws to help good people who have gotten ensnared by Michigan’s criminal justice system. An experienced drunk driving defense lawyer, Paul Tafelski, P.C., leads a team of qualified criminal defense attorneys who have obtained Not Guilty verdicts in felony and misdemeanor cases. Paul Tafelski, P.C., is skilled at applying federal and state DUI laws to the benefit of clients and often is able to negotiate dismissals, plea bargains or sentencing agreements that allow clients to retain driving privileges and move on with their lives.
Knowledgeable and effective, Michigan criminal defense attorney Paul Tafelski assists drivers charged with DUI, DWI, or OWI in Michigan, including, but not limited to Bloomfield Hills, West Bloomfield, Rochester Hills, Troy, Canton, Plymouth, Novi and Royal Oak, Oakland County, Wayne County and Macomb County.
Call (248) 451-2200 to speak today to a knowledgeable DUI arrest lawyer. For the quickest response at night or on weekends, please send an e-mail to Paul Tafelski’s cell phone or contact him directly at 248-563-5305.