Zero Tolerance Drinking and Driving
Under Age 21 With Any Bodily Alcohol Content
Michigan’s "zero tolerance" law prohibits anyone under the age of 21 from operating a motor vehicle with "any bodily alcohol content" defined as a blood alcohol level in excess of 0.02 but less than 0.08. If the driver's blood alcohol level is .08% or greater, the underage driver will be charged with the more serious offense of Operating While Intoxicated (OWI) or as a super drunk if the result is .17% or more.
Zero Tolerance Penalties
| Under 21, BAC .02% - .07% | 1st Offense | 2nd Offense Within 7 Years |
|---|---|---|
| Points | 4 | 4 |
| Responsibility Fee | $500 for 2 years | $500 for 2 years |
| License Sanctions | Restricted for 30 days | Suspended 90 days, no driving |
| Maximum Jail | None | 93 days |
| Maximum Fine | $250, plus costs | $500, plus costs |
| Community Service | Up to 360 hours | Up to 60 days |
A zero tolerance conviction is serious and may be used to enhance the penalties of a future drinking and driving offense.
Zero Tolerance Defense Strategies – Unjustified Traffic Stop
There are many plausible defenses for persons charged with any OWI, OWPD, Super Drunk, Child Endangerment or Zero Tolerance. Many youthful drivers in Macomb County and elsewhere face unjustified traffic stops, especially when they are active around the time of high school graduation. If the stop was not based on violation of a traffic law or reasonable suspicion, our attorneys will fight it.
In every case, we like to obtain positive client background information. A client’s background, along with our ability to raise issues in the underlying case, may provide a basis for a dismissal or reduction to a non-drinking offense. Some clients are charged with zero tolerance even though the test result was very low (.02% to .04%), the offender was cooperative and there was not an accident. The prosecutor in many Macomb County district courts may consider a reduction to a non-drinking offense if the offender is attending school or college, has a good driving record and no prior drinking offenses.
Contact the ABDO LAW FIRM immediately if you or a child under age 21 is charged with zero tolerance, drunk driving or criminal offense in Macomb, Oakland or Wayne county.
