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Michigan Alcohol Laws
Table of Contents
Drug and Alcohol Testing Requirements
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DOT drug and alcohol testing regulations for CDL drivers require certain types of tests, all of which are conducted while a driver is on duty not driving. A driver who fails a DOT drug or alcohol test is medically unqualified to drive any CMV, but a failed test does not actually affect their CDL. Under Michigan law, a person who has an alcohol content of .04 grams or more may not operate a commercial motor vehicle (CMV) within Michigan. With respect to these laws, a CMV is a vehicle defined in the Michigan Vehicle Code (257.7a) as one which meets Michigan's requirements for a CDL. A CMV operator will be placed out of service for 24 hours if he/she:
In addition to being placed out of service, if a driver is convicted of a violation of Michigan's drunk driving laws or those of another jurisdiction, the driver will have their CDL revoked. The CDL will also be revoked if the driver refuses a request of a peace officer of this state (or another jurisdiction), to submit to a chemical test to detect the presence of drugs or alcohol.
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For a first violation, the period of revocation will be for one year (3 years if transporting hazardous materials). A second violation, regardless of the time between violations, will result in revocation for life, with the possibility of reinstatement after 10 years. These revocations apply to a CDL driver while they are operating a CMV or a non-CMV. A non-CMV would include a CDL driver's personal vehicle, or any other motor vehicle which does not require a CDL to operate. A non-CMV does not include a recreation vehicle used off-road. When operating a non-CMV, the alcohol content of .08 grams would be used to determine a drunk driving violation. These laws are contained in Act 300 of the Michigan Vehicle Code sections; 257.319b, 257.625a and 257.625m. Other Alcohol Violations imposing these same revocations include:
The amendments extending these revocations to the operation of non-CMV's became effective on October 1, 2005. |
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Q: Under Michigan's new anti-drunk driving laws (.08), what happens when a person is arrested for drunk driving? A: A first-time offender convicted of drunk driving faces up to:
Convicted drunk drivers will also be subject to a new $1,000 penalty that is included in a recently approved driver responsibility program. The penalty will be imposed for two consecutive years. |
Q: What if a driver's BAC is below .08? A: Drivers may still be arrested and charged with impaired driving. The law no longer has a blood alcohol content associated with impairment, so any amount under .08 could result in arrest and conviction for being impaired. Those convicted of impaired driving face an additional $500 penalty assessed for two consecutive years. Q: What are the penalties for drivers caught with illegal drugs in their system? A: The same penalties for drunk driving will apply to those convicted under the zero-tolerance drug provisions. |
Establishing a Drug and Alcohol Testing Program Are your drivers required to be drug tested under federal law? What do you do if a driver fails a random test? If you don't know, we can help. The Center has trained professionals who can answer your drug and alcohol testing questions. Just call us at (800) 682-4682 or (800) 469-7364 in the Upper Peninsula. |
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