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Michigan Drunk Driving Laws

A. The Criminal Offenses

There are three distinct drunk driving offenses in Michigan: 1) Operating under the influence of intoxicating liquor (OUIL), 2) driving with an unlawful bodily alcohol level/content (UBAL/UBAC), and 3) operating while impaired (OWI). Of these three, OWI is the least serious offense. These are criminal offenses; therefore, to successfully prosecute an OUIL case, the Prosecuting Attorney or City Attorney must prove beyond a reasonable doubt that the drunk driver was a) operating a motor vehicle, b) while under the influence of alcohol, controlled substances or both, and c) alcohol materially or substantially affected operating the motor vehicle.

To prove UBAC, the Prosecutor or City Attorney must prove, again beyond a reasonable doubt, that a) a drunk driver's bodily alcohol content (BAC) was greater than .10%, b) while he was operating his motor vehicle. UBAC is generally easier to prove, so the prosecutor usually includes it with OUIL to gain a conviction.

OWI is the easiest of the three to prove. Here, the Prosecutor or City Attorney must prove, again beyond a reasonable doubt, that the drunk driver was a) operating a vehicle, b) while alcohol visibly weakened or reduced his ability to operate his motor vehicle.

Michigan enacted the "Zero Tolerance" law for people under the age of 21. Minors may not operate a motor vehicle with any bodily alcohol content. I have emphasized in each of the criminal offenses above that the burden of proof is "beyond a reasonable doubt." Burden of proof refers to the duty of a litigant to produce the necessary quality of evidence to succeed. "Beyond a reasonable doubt" is the highest such duty in all law suits, because criminal cases involve the deprivation of liberty. That burden is necessary to ensure as much as possible that the criminally accused are not convicted and incarcerated wrong.