Michigan law provides a little bit of safety net for drivers who are in an accident. This law allows a driver to be charged with a misdemeanor and pay a fine only if the officer determines that the driver was not, in fact, speeding. The law also requires that a driver’s blood alcohol content must be tested in order to be charged with a DUI.
This law is designed to help cut down on accidents, but it can also come back to bite you. You can’t charge your driver with a DUI unless the test shows a blood alcohol content of at least 0.08 percent. You can’t test your driver’s blood alcohol content unless the police present you with their blood alcohol content sample. This is because a driver with a blood alcohol content of 0.08 percent isn’t legally drunk yet, and they still have to be charged with a DUI.