Operating Under the Influence in Michigan: Breaking Down the Statute

Operating Under the Influence in Michigan: Breaking Down the Statute

by / Monday, 21 October 2013 / Published in Motor Vehicle Accidents

Michiganders, our firm wants to remind all drivers that they should never, ever drink and drive a car, truck, or motorcycle. Did you know that nearly 3 million people are injured in automobile accidents each year? Don’t become another statistic, and keep yourself out of trouble. Michigan’s drinking and driving penalties are tough. Below is the operating under the influence statute:

black and white illustration of a martini glass with keys hanging out of it in a strike-through circle
Sec. 625. (1) A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state if the person is operating while intoxicated. As used in this section, “operating while intoxicated” means any of the following:

  1. The person is under the influence of alcoholic liquor, a controlled substance, or other intoxicating substance or a combination of alcoholic liquor, a controlled substance, or other intoxicating substance.

(2) The owner of a vehicle or a person in charge or in control of a vehicle shall not authorize or knowingly permit the vehicle to be operated upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of motor vehicles, within this state by a person if any of the following apply:

  1. The person is under the influence of alcoholic liquor, a controlled substance, other intoxicating substance, or a combination of alcoholic liquor, a controlled substance, or other intoxicating substance.
  2. The person’s ability to operate the motor vehicle is visibly impaired due to the consumption of alcoholic liquor, a controlled substance, or other intoxicating substance, or a combination of alcoholic liquor, a controlled substance, or other intoxicating substance.

 

While not in its entirety, the statute has a few critical points that we would like to draw your attention to. Despite Michigan’s legal alcohol level limit – a .06 – which is the amount you can legally drink and drive at, the statute actually contradicts itself.

If you are pulled over and are driving well below the legal limit, but have traces of alcohol in your body and it impairs your ability to drive, then you are still operating under the influence.

You know what this means? Just don’t do it. If you’ve been drinking, have someone else drive you home. It’s not worth the risk and the headache.

Our firm has been defending Michigan car, motorcycle, and truck accidents for over 30 years in the Detroit and Metro Detroit regions. Our office is located in Southfield. We use our blog as a way to reduce the very injuries that we so often defend. So, if you’ve been injured, then we’re here for you.

We’ve seen the harsh realities of car crashes and the litigation that so often follows when someone is killed in an accident, especially when alcohol is a contributing factor.

So, once again we remind you, don’t drink and drive…

If you have been injured in any type of accident, contact us immediately by phone or email. You pay nothing until we take your case to trial or settle. With over 30 years of litigation experience representing the “little guy” against the largest insurance companies, corporations, and hospitals, we’ll get you the money you deserve.

Visit our website to find out more information on the services we provide and why we have been named Michigan Super Lawyers for the last six years and Dbusiness’s Top Lawyers for the last three. Whatever your accident or injury, we are ready to Win Your Case!

Call us at 1-888-GOODWIN (466-3946)

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