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    WHAT IS A DRUNK DRIVING?

    At first glance, this question seems easy; drunk driving is when somebody is drunk and drives a car.  The reality is a drunk driving charge is a much more complicated situation where a complex knowledge of many different things, both legal and scientific, is essential to understanding and explaining the drunk driving charge to the jury.

    DRUNK DRIVING IN MICHIGAN

    In Michigan, you can be found guilty of drunk driving in three separate ways pursuant to MCL 257.625, the Michigan drunk driving statute.  First, the prosecutor can show that you were driving while intoxicated.  In order to show this, the prosecutor can use video of the stop, testimony from officers, results from alcohol tests, and other types of evidence to show that you were intoxicated while you were driving.  The second method of proving a drinking and driving charge is to show that the defendant’s blood alcohol content was a 0.08 BAC at the time of the driving.  The third method of proving an Oakland County drunk driving charge is for the prosecutor to somehow prove that the accused was “visibly impaired” while they were driving.  In order to prove this, the prosecutor will have to introduce evidence that actually shows the defendant was visibly impaired.

    DIFFERENT DRUNK DRIVING DEFINITIONS

    Throughout the United States, each State has a separate name for a drinking and driving charge.  For instance, some states refer to a drunk driving as a dui (which stands for driving under the influence), while others call it OUIL (which stands for operating while under the influence of intoxicating liquor).  In Michigan, the statute for a drinking and driving charge is called OWI, which stands for Operating While Intoxicated.  The reason why the name does not specifically include reference to alcohol is because MCL 257.625, the Oakland County Michigan drunk driving statute, includes the possible punishment for intoxication due to a controlled substance, such as marijuana or cocaine.  Many times, in both felony and misdemeanor Oakland County driving while intoxicated cases, I have seen the prosecution charge for being intoxicated as a result of a combination of alcohol and drugs.

    COMMON MISCONCEPTIONS OF DRUNK DRIVING

    Because of the amount of deaths and injuries which result from drunk driving accidents, residents of Oakland County Michigan have preconceived perceptions of what it means to be a drunk driver.  Whether it is the efforts of Mothers Against Drunk Driving, or hearing misleading information on television, the end result is that people unfortunately will believe that having even one drink while driving is enough for a drunk driving.  This could be farther from the truth, as there is a low likelihood of intoxication even after drinking a few drinks.  An absolutely pivotal part of any drunk driving trial is the ability to educate the jury on what a drunk driving really is.