Police conduct gone too far? It is certainly an example of how broadly the charge of disorderly conduct can be interpreted under Michigan law. Is wearing you pants low with underwear exposed truly causing a “public disturbance”? It is certainly an arguable point in court.
And with this type of dress style extremely commonplace, it is hard to see how the average person would really be disturbed by this anymore.

The bill has not been voted on on the Michigan state Senate, but it believed to have a support of the majority of legislators. The Governor is believed to be prepared to sign the bill into law, if passed. Delays have been based on some senators concerns about removing judicial discretion in sentencing, and details on the requirements for the alcohol treatment programs.

Among the proposed changes to the law are:

If a person is convicted of a first offense drunken driving charge in Michigan and registered a .15 BAC or higher on a breathalyzer (almost double the legal limit of .08 BAC), he or she will face:

• A 45 day driver’s license suspension
• Required entry into an alcohol abuse education and treatment program
• After the 45 day suspension, the offender will be eligible for a restricted driver’s license that would require an ignition interlock device be installed on his car for 1 year

If cases of a second offense Michigan drunken driving conviction, the “Extreme Drunken Driving” law changes would be in effect for any BAC over the legal limit of .08%.

If you are facing a drunken driving charge in Michigan, please contact us for a free legal case evaluation and consultation. Our Michigan OWI defense lawyers know how to help you fight the charges and protect your license and freedom to drive.

For your free OWI / drunken driving consultation, call us at (866) 382-8646.

There is resistance both by Michigan’s Secretary of State who is concerned it might weaken OWI laws, presumably because it actually tries to change behavior rather than issue punishment.

In support of the bill are MADD and the Michigan Ignition Interlock Providers, who stand to make hundreds of thousands of dollars installing more devices, thanks to the legal mandate.

• Required Ignition Alcohol Interlock Device for first offense OWI convictions with a BAC of .15% (nearly 2x the legal limit for impairment)
• Required alcohol abuse treatment programs
• 45 days license suspension, after which the interlock device must be in the person’s vehicle for 1 year

Passage seems likely, and legislative support is overwhelming despite resistance from the Michigan Licensed Beverage Association (MLBA). The MLBA questions the .15 BAC level, since nearly half of all Michigan OWI arrests are at that level, and is lobbying for more specificity in the contents of the requires alcohol education programs.

The bill is targeted at prevention, rather than punishment, which is a step in the right direction. More information on Michigan OWI Penalties.

In the past, new laws have taken a punative approach, including:

• Reduction of the OWI BAC threshold from .10 to .08 BAC
• “Heidi’s Law”, which changed the lookback period for previous OWI convictions from 10 years to an unlimited lifetime lookback

New proposed legislation includes a “High BAC” provision, or “Extreme Drunk Driving”, where even a first offense OWI conviction with a BAC of .15% or above (nearly twice the legal limit of .08%) would result in a mandatory ignition interlock device in order to get your license back.

This is a measure that is supported by the victims rights lobbying group MADD, but is considered a reasonable approach by many lawmakers. Punishment for chronic alcohol abusers who drink and drive has largely failed. More treatment of alcohol addiction programs and prevention of drunk driving is more likely to result in safer roads for Michigan drivers.

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Please view out main site pages for additional information on Michigan’s OWI laws and penalties.