Drunk and drugged driving laws in Michigan

By the end of this topic you can

• You can state Michigan's three key BAC levels.
• You can explain implied consent and what happens if you refuse a test.
• You can describe the penalties for a first offense.
• You can explain what Michigan law says about marijuana and driving.
• You can plan a safe way home that does not involve impaired driving.

What you need to know and understand

• It is a crime to drive with a BAC of 0.08 or higher if 21 or older, or 0.02 or higher if under 21.
• Michigan's High BAC law brings tougher penalties at 0.17 or higher.
• You can be arrested at any BAC if you show signs of impairment.
• Driving with any amount of a Schedule 1 drug or cocaine carries the same penalties as drunk driving, with a narrow exception for valid medical marijuana cardholders.
• Refusing a chemical test brings a one-year license suspension for a first refusal and two years for a second within seven years.
• An impaired driving conviction stays on your Michigan driving record permanently.
• A 12-ounce beer, 5-ounce glass of wine and 1.5-ounce shot hold about the same amount of alcohol.

What a first conviction can cost

• BAC below 0.17: up to a $500 fine, up to 93 days in jail, up to 360 hours of community service, up to 180 days of license suspension and 6 points.
• BAC 0.17 or higher: up to a $700 fine, up to 180 days in jail, up to 360 hours of community service, up to one year of license suspension, 6 points and a required alcohol treatment program.
• High BAC drivers need an ignition interlock to get a restricted license after 45 days of suspension, and they pay for the device.
• Penalties are heavier with minors in the vehicle, for repeat offenses and when someone is hurt.

Implied consent and points

By applying for or renewing a Michigan license, you are treated as having agreed to a chemical test if an officer has reason to request one. Officers judge impairment from your driving, what they observe and field sobriety tests. Refusing a chemical test adds 6 points and triggers suspension.

Other point values from the manual: operating while impaired is 4 points, being under 21 with any bodily alcohol content is 4 points, refusing a preliminary breath test when under 21 is 2 points, and having an open alcohol container in the vehicle is 2 points.

Marijuana and other drugs

Adults 21 and older may transport up to 2.5 ounces of marijuana, with no more than 15 grams as concentrate. It is illegal to drive while under the influence of marijuana, to use it while driving, or for drivers and passengers to smoke it in the passenger area on a public road. Taking it into Canada is illegal. Penalties for driving under the influence of marijuana match those for alcohol.

Prescription and over-the-counter medicines can also impair you; read the label and ask a pharmacist. Michigan also suspends licenses for drug crimes even when no driving was involved: six months for a first drug conviction.

Common mistakes

• Believing coffee, a cold shower or fresh air will sober you up. Only time does.
• Thinking a teen with one drink is under the limit. For under-21s the line is 0.02, and any alcohol adds points.
• Assuming legal marijuana is safe to use before driving.
• Getting into a car with a driver who has been drinking. Find another ride.

Test yourself: Drunk and drugged driving laws in Michigan

Answer each question, then read the explanation. Questions come in a random order each time.

Go deeper

• How to Get a Driver’s License in Michigan
• Michigan 50-Hour Supervised Driving Log
• Michigan Bioptic Telescopic Lens License