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Last Call for the .10 Standard

By Daniel D. Kopka posted 03-09-2015 08:19

  

Michigan adopted the .08 blood alcohol content (BAC) standard for drunk driving in 2003 but left the .10 standard in place for recreational transport. Effective March 31, 2015, 2014 PAs 402-405 extend the .08 standard to snowmobiles, motorboats, and off-road vehicles (ORVs). While this change makes the laws consistent, it may surprise some clients and presumably will expand the number of people charged with alcohol-related operating violations. Note that the marine safety laws are amended to refer to operating a motorboat (instead of a vessel) in violation of the .08 standard, but the amendments do not define motorboat.

Besides revising the BAC standard, the 2014 legislation brings the recreational statutes more in line with the drunk-driving statutes by

  • prohibiting a person from operating a motorboat, snowmobile, or ORV with any amount of certain controlled substances in his or her body

  • prohibiting a person younger than 21 from operating with any bodily alcohol content

  • adding an “operating while visibly impaired” offense to each statute

  • increasing penalties for alcohol and controlled substance operating violations if a person younger than 16 were occupying the motorboat, snowmobile, or ORV

  • eliminating certain presumptions regarding a defendant based on the results of a chemical test

  • increasing the mandatory operating ban for a person who refuses to submit to a chemical test

  • changing the rule that three violations in 10 years is a felony to three violations is a felony, regardless of how much time has elapsed

     

    The legislation also revised the penalties for violations.

    While there is one last season for operating snowmobiles under the .10 standard, the next boating season will be governed by the new lower standard.

    For discussion of drunk-driving statutes that are substantially similar to the 2015 amendments, see Michigan Drunk Driving Law and Practice.

      


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