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Legally, What Is Drunk Driving?

A drunk driving offense, sometimes called operating under the influence of liquor (OUIL) or driving with an unlawful blood alcohol level (UBAL) has several meanings: Driving with any amount of alcohol in your system which causes your physical abilities to be impaired to a certain degree. Driving with a level of alcohol in your system which amounts to a measurement of .10 of blood alcohol content. To be guilty of this offense, absolutely no impairment of any of your physical abilities is necessary. You may well be the world's most talented, careful and safest driver, but if your blood alcohol content registers .10 or above you are guilty of a criminal offense. Driving with drugs in your system or with a combination of drugs and alcohol, no matter what the amounts of those substances may be, where your physical abilities have become impaired to a certain degree. It does not matter if the drugs are legal, over the counter medications like antihistamines, nor does it matter if you have a prescription to take the drugs. If you are impaired as a result of taking them, then you are guilty of a criminal offense.

Other Michigan Drunk Driving Defense FAQs

Q: Can The Officer Pull Me Over For No Good Reason, Ie. At Random?
A: No. The stop must be justified by probable cause or a reasonable suspicion that criminal activity was afoot. Usually, the officer will base the stop on a violation of … More
Q: If I Am Involved In An Accident Which Is Clearly Not My Fault, Can The Officer Arrest Me For Drunk Driving?
A: Yes, assuming you are intoxicated in excess of the legal limit. The law requires you to stop and contact the police if you are involved in an accident. When the … More
Q: Do I Have To Answer Questions About Where I Have Been And Whether I Have Been Drinking?
A: No. You are NOT required to answer any questions about where you have been and whether you have been drinking. You are required to identify yourself if requested by … More
Q: Do You Have To Be Drunk To Be Guilty Of Drunk Driving?
A: No. Years ago, a drunk driving charge meant someone was "drunk" in the way all of us commonly understand. But today, intoxication as we know it is not required for one … More
Q: What Amount Of Alcohol Do I Need To Drink To Have A Blood Alcohol Content Of .10 Or Higher?
A: Each person's blood alcohol content from drinking certain amounts of alcohol will vary, depending upon a number of factors. The main factor is your weight. To … More
Q: What Is Required For A Police Officer To Stop Me To Investigate Whether Or Not I Am Driving Under The Influence?
A: The officer must have what is legally termed a "reasonable suspicion," either that you have been in an accident, or based on something unusual that is actually … More
Q: What Happens To Me If I Am Pulled Over By The Police For Investigation Of Drunk Driving?
A: If you are stopped, always be courteous and cooperative with the officer even if you are free of any type of alcohol or drugs, and even if you are certain that your … More
Q: If I'm Stopped By A Police Officer And He Asks Me If I've Been Drinking, What Should I Say?
A: You are not required to answer potentially incriminating questions. A polite "I would like to speak with an attorney before I answer any questions" is a good reply. On … More
Q: What Will Happen If The Officer Who Pulls Me Over Suspects That I Have Been Driving Under The Influence?
A: The officer will ask you to get out of the car and will instruct you to perform a series of "field sobriety tests." These are standard physical ability measures and … More
Q: Do I Have A Right To An Attorney When I'm Stopped By An Officer And Asked To Take A Field Sobriety Test?
A: As a general rule there is no right to an attorney until you have submitted to (or refused) blood, breath or urine testing. In some situations, there is a right to … More