Bodily Alcohol Content (BAC)

BAC refers to the ratio of alcohol to blood in the bloodstream. In Michigan, a BAC of .08 percent is considered legally drunk. A minor with a BAC of .02 percent may be charged with a zero tolerance drinking and driving violation. A BAC of .17 percent or greater will support a super drunk charge. If you refuse to take the test under the Implied Consent Law or if the test shows your BAC is 0.08 or more, your Michigan driver's license will be destroyed by the officer and you will be issued a 625g paper permit to drive until your case is resolved. A BAC chart can give you an estimation of blood alcohol content. Several factors determine a person’s BAC including number of drinks, lapse of time, metabolism and body weight.

Implied Consent Law

If arrested for DUI, you will be required to take a chemical test to determine your bodily alcohol content (BAC). Under Michigan's Implied Consent Law, all drivers are considered to have given their consent to this test and face sanctions for refusal.

Refusals of Chemical Test, Sanctions

A refusal of a chemical test will be reported to the Driver License Appeal Division (DLAD). Your license will be automatically suspended if you fail to request a hearing. A person who loses his first implied consent hearing will get 6 points and a 1 year license suspension. The circuit court can consider a restricted license based upon hardship for a first implied consent suspension. A second implied consent suspension within 7 years will mean 6 points and your license will be suspended for 2 years without a right to request a restricted license based on hardship.

Right to a Second Test of Your Own Choice

A person has a right to request a second test of his or her choice provided if he or she consents and takes the test offered by the police.

Warrant for Blood Test

In Michigan, upon refusal, the police may obtain a warrant for a blood sample to test for alcohol or drugs.

The ABDO LAW FIRM can represent you at an implied consent hearing or petition the circuit court in Macomb or Oakland County to appeal the DLAD decision or request a restricted license based upon hardship.