Eby Research: Drunk Driving in MI
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The Problem of Drunk Driving
Drunk driving is generally considered to be the most serious traffic safety problem in the United States. Statistics show that alcohol-related crashes in the United States caused nearly 190,000 deaths and injuries in 1993. In Michigan, alcohol was involved in 452 crash-fatalities in 1994, which was 31.2 percent of all fatal crashes in our state. The incidence of drunk driving is disturbingly high. During 1992 and 1993, Michigan courts convicted about 122,000 people of serious drunk driving.
What is Drunk Driving?
While having a single drink before driving can affect driving ability, drunk driving is operating a motor vehicle in a location that is generally accesible to motor vehicles with a blood alcohol contcentration (BAC) that is greater than the legal minumum. This minimum varies as a function of age and severity.
Table 1 shows minimum BAC as a function of age and the approximate number drinks consumed that will acheive that level of intoxication. Here "drink" refers to a 12 oz beer, a four oz glass of wine, or a 1 oz shot of 80 proof liquor. Note that these numbers are for a 150 lb male. The BAC level will be higher for females, those under 150 lbs, and those who have consumed alcohol on an empty stomach. These numbers also vary greatly between individuals.
Table 1:
| Age | Minimum BAC | Approx. Number of Drinks
|
|---|
| Under 21 | .02% | One
|
| Any Age | .08% (impaired) | Three
|
| Any Age | .10% (drunk) | Four
|
What are the Drunk Driving Laws in Michigan?
In Michigan there are several drunk driving crimes that vary in severity.The least serious is zero-tolerance which applies only to drivers under the age of 21. OWI is second in seriousness. It is the most common drunk driving conviction in Michigan. OUIL, UBAL and OUID are the third most serious drunk driving crimes in Michigan. Finally, the most serious drunk driving crimes in Michigan are two felonies that were added as part of the tougher drunk driving law package in 1992. Table 2 shows the names of Michigan's drunk driving laws and their common abbreviations
Table 2: The Name and abbreviations of drunk and impaired driving offenses in Michigan
| Offense | Abbreviation
|
|---|
| Under 21 Years Old Operating a Vehicle with any Bodily Alcohol Content | Zero Tolerance
|
| Operating a Vehicle While Impaired | OWI
|
| Operating a Vehicle Under the Influence of Liquor | OUIL
|
| Unlawful Blood Alcohol Level | UBAL
|
| Operating a Vehicle Under the Influence of Liquor Causing an Incapacitating Injury (felony) | OUIL- Incapcitating Injury
|
| Operating a Vehicle Under the Influence of Liquor Causing a Death (felony) | OUIL- Death
|
What can happen if convicted of drunk driving in Michigan?
In Michigan, those convicted of drunk driving can be subjected to five sanctions: 1) points are added to the license, 2) driving privileges can be altered, 3) fines may be assessed, 4) you can be incarcerated, and 5) you can be required to perform community service. Table 3 shows the sentencing guidelines used for people convicted of a first offense drunk driving crime.
Table 3: Michgan sanctions for first conviction by offense
| Offense | Points | License Sanction | Fines | Incarceration | Community Service
|
|---|
| Zero Tolerance | 4 | 1-3 Month Suspension | 0-$250 | None | 0-45 Days
|
| OWI | 4 | 3-12 Month Suspension | 0-$300 | 0-90 Days | 0-45 Days
|
| UBAL, OUIL | 6 | 6-24 Month Suspension | $100-$500 | 0-90 Days | 0-45 Days
|
| OUIL Incap. Injury | 6 | Revoked | $1,000-$5,000 | 0-5 Years | None
|
| OUIL Death | 6 | Revoked | $2,500-$10,000 | 0-15 Years | None
|
Who is being convicted of drunk driving in Michigan?
In a study to partially answer this question, we analyzed 56 randomly selected drunk driving cases and investigated their demographics, their past driving history, and their alcohol use prior to their arrest. The next three tables show the results as compared to the population of Michigan drivers, or a random sample of Michigan licensed drivers.
Table 4: Demographics of Drunk Drivers as compared to Michigan Population
| Category | Michigan Population (%)* | Drunk Driving Sample (%)
|
|---|
Gender
Male
Female |
51.4
48.6 |
85.7
14.3
|
Age
0-20
21-30
31-40
41-50
51-60
61-70
71-80 |
8.4
21.9
23.3
17.8
11.2
9.3
8.0 |
14.3
32.1
32.1
12.5
3.6
3.6
1.8
|
* Source: 1993 Michigan data base of driver history records.
The drunk drivers tended to have poor driving records, including a history of drunk driving convictions and a surprisingly high number of previous crashes.
Table 5: Driving Records as Compared to Random Michigan Sample
| Category | MI Population Sample (%) | Drunk Driving Sample (%)
|
|---|
Past Traffic Crashes
Unknown
Zero
One
Two
Three
Four or More |
0.0
69.0
24.0
4.0
1.0
2.0
|
5.4
42.9
25.0
12.5
3.6
10.7
|
Past Drunk Driving Convictions
Unknown
Zero
One
Two
Three
Four
Five |
0.0
91.0
6.0
1.0
2.0
0.0
0.0 |
5.4
50.0
20.3
7.1
5.4
0.0
1.8
|
An analysis of where and what people were drinking showed that most drivers in the sample were drinking in their vehicle or at a bar or restaurant, beer was the beverage most frequently consumed, and the average BAC was .17 percent at the time of arrest.
Table 6: Alcohol Use of Drunk Driving Sample
| Category | Perentage
|
|---|
Last Drinking Location
In Vehicle
Bar/Restaurant
Friend's Residence
Own Residence
Other
Not Reported |
25.0
21.4
5.4
1.8
0.0
46.4
|
Beverage Type
Beer
Wine
Spirits
Beer and Spirits
Not Reported |
46.6
0.0
5.4
10.7
39.3
|
Are drunk drivers getting convicted and receiving the proper sanctions?
In a recent study on the effectiveness of Michigan's drunk driving laws, we found:
- Courts are adjudicating drunk driving cases swiftly and requiring minimum sanctions.
- In 93.4 percent of cases, driving privileges were completely suspended for at least one month.
- In 70.9 percent of cases, the driving privilege sanction lasted at least six months.
- The average fine and court costs for a first OWI conviction was about $590.
- The average fine and court costs for a first OUIL conviction was about $900.
Do people comply with driving priviledge sanctions?
Sanctions on driving are useful for three main reasons: 1) they provide deterrence against others committing the same crime; 2) they provide a punishment to someone convicted of drunk driving; and 3) they get potentially dangerous drivers off the road. However, if a person decides to drive illegally anyway, then the sanction provides neither punishment nor removal of a dangerous driver from society. We investigated whether people in Michigan with an alcohol-related driving privilege sanction comply with the sanction. The results showed:
- An estimated 30 to 70 percent of people with an alcohol-related driving priviledge sanction drove at least once during their sanction period.
- Driving-while-license-suspended is the second most common traffic conviction in Michigan (speeding is number one).
- In 1992 and 1993, 10.6 percent of all people with an alcohol-related priving priviledge sanction were involved in a rash or received a traffic ticket during their sanction period.
These findings argue that many people choose to drive illegally with a suspended or revoked license.
Does taking away a person's driving priviledges cause them to lose their job?
It might be thought that suspending or revoking a person's driving privileges would take from them the ability to get to or perform work. We investigated this hypothesis by comparing all Michigan drivers with an alcohol-related suspension or revocation to the unemployment compensation benefits application processed by the Michigan Employment Security Commission (MESC). For each convicted drunk driver, we determined if he or she applied for benefits during their license sanction period or the month following. The results showed:
- 6.3 percent applied for unemployment benefits during their sanction or the month after.
- 25.3 percent applied for unemployment benefits during 1992 and 1993 (the same percentage as non-suspended drivers).
These results show that driver license sanctions themselves do not lead to significant job loss among those persons whose licenses are suspended.
What do people think about the drunk driving laws in Michigan?
We investigated this question in a statewide survey of traffic safety issues. The results were:
- More than 75 percent had no specific knowledge of Michigan's drunk driving laws.
- A majority favored the zero-tolerance law.
- Most reported that the alcohol impaired driving problem in their community is somewhat or very serious.
- Over one-half reported that it is unlikely a driver will be pulled over for driving while drunk.
- About 20 percent reported that they had consumed alcohol until intoxicated at least once in the previous two weeks.
- Of those who reported drinking to intoxication, about 19 percent reported driving while intoxicated.
What can be done to reduce the incidence of drunk driving in Michigan?
There are several drunk driving countermeasures that could be used in Michigan. A partial list includes:
- Reducing the minimum BAC for OUIL to .08 percent.
- Vehicle impoundment or immobilization after a drunk driving conviction.
- Ignition interlock system for repeat offenders.
- Stronger enforcement of alcohol server laws.
- More community involvement in reporting suspected drunk drivers to law enforcement.
- Public information effort aimed at reducing the acceptance of underage drinking.
© 1996, David W. Eby. All Rights Reserved.
