What can underage drivers be charged with in the state of MI if they are caught drinking and driving?
As is the case with many states, there is a zero tolerance policy when it comes to underage drivers and bodily alcohol content. What does “zero tolerance” mean exactly? Zero tolerance means that if a minor registers a level of .02-.07 BAC while operating a motor vehicle in MI, they may receive a Minor BAC charge.
This is not a formal DUI charge, but rather a noted form of drunk driving that goes on minors’ records until they turn 21. Once they turn 21, then this charge cannot be used to demonstrate, for
instance, that a person is a repeat DUI offender. However, if a minor registers over .07 BAC while driving in Michigan, then there is a high likelihood that that person will be charged with adult OWI, which carries with it significantly heavier penalties, and can serve as evidence of a repeat OWI offender.
In terms of defense, fortunately, the burden of proof is on the prosecutor. The barrier to proof is notable; a prosecutor must prove “beyond a reasonable doubt” that a minor was operating a vehicle
while under the influence of alcohol. This is the highest possible burden of proof for such cases, as these charges can result in the deprivation of liberties. An experienced attorney can use this high
evidentiary standard to the benefit of a person charged with a minor BAC.
If the event of an arrest, you’ll need to seek out a specialist in bail bonds.
December 27th, 2011
What’s the difference between a UBAC/UBAL charge, and an OWI charge – or is there no significant difference?
Michigan Vehicle Code section 257.625 specifies penalties for operating a vehicle “while under the influence of intoxicating or alcoholic liquor or a controlled substance, or a combination of intoxicating or alcoholic liquor and a controlled substance, or while visibly impaired, or with bodily alcohol content.” However, if one is not a lawyer, it can be difficult to figure out if all those criteria carry similar penalties, or if one is graver than the other.
The basic answer is that a UBAC/UBAL charge, and an OWI charge are simply two different ways that the prosecutor can convict you of driving while under the influence. Technically, an OWI is defined as when the consumption of an alcoholic beverage may affect one’s ability to drive. UBAC/UBAL, is defined as when a person operates a vehicle, and had .08 BAC or higher, regardless of whether it appears to have lead to unsafe or reckless driving behavior.
Proof of the interchangeability of the two charges is that the penalties for both are identical. However, it is important to note that the nature of the two charges are different enough from one another that distinct defenses can be mounted to combat them. For instance, a UBAC/UBAL charge presumes that a .08 blood alcohol level indicates intoxication; however, there are various other elements to the equation (e.g., a person’s unique internal body chemistry, medications) that can affect this figure. So, a defense attorney can look for evidence that a .08 BAC may be the mark of intoxication for some people, but not for a particular client. This type of defense would be less well-suited for an OWI charge.
Please click the links for more information on combating Michigan UBAC/UBAL and Michigan OWI charges.
December 21st, 2011