What Is the Legal BAC Limit in Michigan?

What Is the Legal BAC Limit in Michigan?

If you were recently pulled over and charged with Operating While Intoxicated (OWI), the officer likely mentioned a number—your Blood Alcohol Content (BAC). Hearing that number can be confusing and alarming, but what does it actually mean for your case?

Michigan law sets specific BAC thresholds that correspond to different penalties. At Lucido & Manzella, P.C., we have helped clients facing drunk driving charges successfully fight these penalties for over 25 years. In this post, we’ll explain what BAC is, what the legal limits are in Michigan, and why your specific level is so important.

What Is Blood Alcohol Content (BAC)?

Blood Alcohol Content, or BAC, is the percentage of alcohol present in your bloodstream. A BAC of 0.08%, for instance, means your blood is 0.08% alcohol by volume (or 0.08 grams of alcohol for every 100 milliliters of blood).

Even small amounts of alcohol can affect your coordination, reaction time, and judgment. Several factors influence how fast your BAC rises, including your body size, metabolism, and how fast you were drinking.

Michigan’s Legal BAC Limits

Michigan has different legal BAC limits depending on the driver’s age and license type:

• Standard Adult Drivers (21 and older): The legal limit is 0.08%. Driving with a BAC at or above this level is illegal.
• Drivers Under 21 (Zero Tolerance): Michigan has a strict “Zero Tolerance” policy for underage drivers. Any detectable amount of alcohol, starting at 0.02%, is grounds for an OWI charge.
• Commercial Drivers: Due to federal regulations, commercial vehicle operators must maintain a BAC below 0.04%.

How Your BAC Impacts Your OWI Case

The penalties for an OWI conviction in Michigan vary significantly based on your measured BAC level.

• BAC between .08% and .16%: A conviction for a standard OWI carries penalties that may include fines, up to 93 days in jail, community service, license suspension, and six points on your driving record for a first offense.
• BAC of .17% or Higher (“Super Drunk” ): If your BAC is in this range, the consequences become much more severe. Penalties can include longer jail sentences (up to 180 days), higher fines, mandatory alcohol treatment programs, extended license suspension, and the required installation of an ignition interlock device on your vehicle.
• BAC Below .08%: You can still be charged with a crime even if your BAC is under the legal limit. If an officer notices signs of impairment, such as swerving or slurred speech, you could be charged with Operating While Visibly Impaired (OWVI).

What Should You Do After an OWI Arrest?

Understanding your BAC result is the first step, but what you do next is critical. First, find out if the number you received was from a preliminary breath test on the road or a more accurate chemical test performed at the police station.

Next, it is important to speak with a criminal defense attorney who understands Michigan’s OWI laws. This is especially true if your BAC was in the “Super Drunk” range or if you were charged with OWVI despite being under the legal limit. A knowledgeable attorney can analyze the details of your case, including whether the breathalyzer was administered correctly and if there were any procedural errors during your arrest.

Your Next Steps

Knowing your BAC is the first step toward understanding the challenges ahead. Whether your level was high or low, any OWI charge carries serious consequences that can affect your freedom, finances, and future. Having a capable attorney on your side can make a significant difference in the outcome.

If you’re unsure what your BAC level means or how it affects your case, reach out to an experienced Michigan OWI attorney at Lucido & Manzella, P.C. today.