What is the blood alcohol concentration limit for drivers under 21 in Michigan?

The blood alcohol concentration limit for drivers under 21 in Michigan is 0.02%. This is significantly lower than the 0.08% limit for drivers who are over 21. This means that even if an under-21 driver only has a single drink, they can still be charged with an OWI/DUI if they are pulled over and their blood alcohol concentration is above the legal limit.

Can a driver under 21 be charged with OWI/DUI if their blood alcohol level is above 0.08?

No, a driver under 21 cannot be charged with OWI/DUI if their blood alcohol level is above 0.08. The legal limit of 0.08 only applies to drivers over the age of 21. If a driver under 21 is caught driving with a BAC above 0.02, they can be charged with OWI/DUI.

What are the consequences of being convicted of an under 21 OWI/DUI in Michigan?

The consequences of being convicted of an under-21 OWI/DUI in Michigan can be serious and life-altering. In addition to fines and license suspension, a first offense can count as a first offense of drunk driving on one's lifetime record. This means a second arrest for OWI within 7 years will result in a revocation of driving privileges for a minimum of one year and up to one year in jail. A third offense in an entire lifetime is a felony punishable by up to 5 years in prison.

What is the penalty for a third OWI offense in Michigan?

The penalty for a third OWI offense in Michigan is a felony punishable by up to 5 years in prison, in addition to fines and license revocation. A third offense is taken very seriously by the legal system, and a driver convicted of a third offense may face significant consequences in their personal and professional life.

What is the legal alcohol limit for commercial drivers with a CDL in Michigan?

The legal alcohol limit for commercial drivers with a CDL in Michigan is much lower than for non-commercial drivers, at 0.04%. This means that a commercial driver can face legal consequences for driving with even a small amount of alcohol in their system, which can affect their ability to earn a living.

What can the law firm of Paul J. Tafelski do to help with an under 21 OWI/DUI case in Michigan?

The law firm of Paul J. Tafelski has experience handling OWI/DUI cases in Michigan, and they can help with an under 21 OWI/DUI case by diligently investigating the case and looking for any weaknesses in the prosecution's evidence. They can review all of the evidence against the driver, including police reports, breathalyzer results, and witness statements, to determine the strength of the case against the driver. They can also question any witnesses, including the law enforcement officer that made the arrest, and work to negotiate a plea agreement that may minimize the consequences of the charges.

How can I contact Michigan Defense Law?

If you need the help of a Michigan criminal defense lawyer, you can call us at (248) 451-2200. You can also send us an email at paul@michigandefenselaw.com. Another way to contact us is by filling up the contact form on our website at https://www.michigandefenselaw.com/contact-us/

DUI Laws for Drivers Under 21 | Oakland County Drunk Driving Defense Lawyers

Q: What is the penalty for a second OWI offense in Michigan?

The penalty for a second OWI offense in Michigan within 7 years is a revocation of driving privileges for a minimum of one year and up to one year in jail. Additionally, the driver may face fines and community service.

Q: What is a high BAC OWI charge in Michigan?

A high BAC OWI charge in Michigan is when a driver's BAC is 0.17% or higher. This is considered a more serious offense, and it may lead to enhanced penalties such as a one-year driver’s license suspension, up to 180 days in jail, and the installation of an ignition interlock device in the driver's vehicle. Drivers who are facing a high BAC OWI charge should seek the help of a skilled Michigan OWI defense attorney to help minimize the consequences of the charges.

Q: How can a Michigan under 21 OWI/DUI defense attorney help?

A Michigan under 21 OWI/DUI defense attorney can help by reviewing all of the evidence the prosecution has against you, reviewing the in-dash video if one was present, investigating whether any tests administered were conducted properly, examining any equipment used in the testing procedures to ensure it was calibrated correctly, looking for anything that may have skewed the test results, and questioning any witnesses, including the law enforcement officer that made the arrest. Additionally, they can provide aggressive representation in court or negotiate a plea agreement.

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DUI Laws for Drivers Under 21

In Michigan, a motorist can be charged with a number of offenses related to operating while intoxicated, or OWI, which is also referred to as DUI, or driving under the influence. If you are over the legal drinking age of 21, you can be charged with an OWI/DUI if your blood alcohol level is above 0.08. What many people do not realize is that the blood-alcohol limit is significantly lower for a driver who is under the age of 21. In fact, you can be charged with the offense of OWI/DUI if your blood-alcohol level is above 0.02 if you are under the age of 21 at the time you are stopped.

The statute in Michigan is set forth at MCL 257.625. It sets forth that a person under 21 cannot operate a motor vehicle with any bodily alcohol content. It makes it a misdemeanor to drive the motor vehicle if the bodily alcohol content is between.02 and.08. This could be the equivalent of one beer in the right circumstances. An otherwise legal driver could be arrested and prosecuted for consuming almost any alcohol. The only exception is if the person can prove they consumed alcohol as part of a legitimate religious ceremony.

The collateral consequences for this crime can be life-altering. If convicted, it counts as a first offense drunk driving on one’s lifetime record. That means a second arrest for OWI within 7 years will result in a revocation of driving privileges for a minimum of one year and up to one year in jail. A third offense in an entire lifetime is a felony punishable by up to 5 years in prison. It is critical to seek the help of a skilled Michigan DUI lawyer to help you navigate the legal system and potentially minimize the consequences of your charges.

There are also significant fines and license suspension with this charge. Up to 360 hours (9 full-time work weeks) of community service can be ordered as well. The only good thing is that a first offense is not punishable by jail but can result in probation.

Michigan Legal Alcohol Limit

If you are charged with OWI (operating while intoxicated) in Michigan, it is essential to understand the state’s blood alcohol concentration (BAC) limits to avoid the serious legal and financial consequences of an OWI conviction. Although the legal limit for drunk driving is .08, it is possible to be convicted of drunk driving even if your BAC is lower than this threshold.

BAC Limit for Minors

For minors, Michigan has a zero-tolerance policy for underage drinking and driving. If you’re under 21 and caught driving with a BAC of .02% or higher, you may be charged with drunk driving.

BAC Limit for CDL Holders

Commercial drivers with a Commercial Drivers License (CDL) have a BAC limit of 0.04, regardless of the circumstances. CDL holders should be aware that an OWI conviction in a non-commercial vehicle could affect their commercial driving privileges.

High BAC OWI

If your BAC is .17 or higher, you may be charged with a high BAC OWI under Michigan law, even for a first offense. This may lead to enhanced penalties such as a one-year driver’s license suspension, up to 180 days in jail, and the installation of an ignition interlock device in your vehicle.

How Can A Michigan Under 21 OWI/DUI Defense Attorney Help?

Although the possible penalties for a conviction of Michigan’s under 21 DUI law may have you worried, it is important to remember that it is a long way from an arrest to a conviction. That is where Michigan criminal defense attorney Paul J. Tafelski can help. You have rights, the most important of which is the right to present a defense. There are a number of things that a DUI defense attorney may do to protect your rights and defend your case, including:

Request a bond reduction if you are still incarcerated
Review all of the evidence the prosecution has against you
Review the in-dash video if one was present
Investigate whether any tests administered were conducted properly
Examine any equipment used in the testing procedures to ensure it was calibrated correctly
Look for anything that may have skewed the test results
Question any witnesses, including the law enforcement officer that made the arrest.

Our Michigan underage DUI defense attorney will diligently investigate your case to determine whether the prosecution has a solid case against you. If the decision is made to take your case to trial, then we will aggressively defend you at trial. If, on the other hand, a plea agreement appears to be in your best interest, then we will negotiate on your behalf to secure an agreement with terms that are acceptable to you. Contact us at (248) 451-2200 to schedule a free consultation.

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