By Jenni Eby
City of Wyoming Department of Public Safety
Welcome to the Traffic Tuesday question. Each week, the question will be posted on Tuesday, and the answer posted Thursday.
Since there is nation-wide increase in patrols for impaired drivers currently going on, we’re going to focus on drunk driving this week. Most people know that driving with a blood alcohol level of .08 or higher is illegal. However, can you be arrested for driving with a blood alcohol level lower than .08?
- Yes
- No
- I’m not sure, I’ll check back Thursday!
Answer: 1) Yes. MCL 257. 625 covers “operating while intoxicated”. It specifically lists the BAC of .08, and also states that “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…within this state when, 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, the person’s ability to operate the vehicle is visibly impaired.”
There are multiple validated and reliable tests that officers are trained to conduct roadside to determine impairment. These tests are not based on one’s blood alcohol content, but on how the alcohol affects a person. Someone could be impaired and unable to operate a vehicle before reaching the .08 BAC level.
