Any bodily alcohol content as a minor when driving a vehicle can lead to a misdemeanor conviction for Zero-Tolerance. One needs to know the current and future effects of such a conviction on their record, both criminal and driving. First and foremost, in Michigan no alcohol-related driving convictions can be expunged from a criminal record. It will be on your criminal history for life. Upon conviction of Zero-Tolerance the criminal sanctions from the court can be up to 360 hours of community service and/or a fine up to $250 plus court costs (which are generally significantly more than the fine). Once the Secretary of State (SOS) gets proof of the conviction, and they will, SOS will sanction the driving record with 4 points, restrict driving privileges for 30 days (can only drive to/from work or school), and Driver Responsibility Fees payable to the State of Michigan of $500 for 2 years, this year and next year.
The additional concerns for a conviction of Zero-Tolerance are the future effects. A recent Michigan Court of Appeals case, People v Bulger, held that even though Zero-Tolerance does not require proof of Intoxication or Impairment caused by alcohol it can still be scored against a person convicted of a felony in the Michigan Sentencing Guidelines. In addition, Zero-Tolerance is considered a prior alcohol-related driving incident. This means that any future charge or conviction for Operating While Intoxicated or Operating While Visibly Impaired can lead to enhancement of the charge to a more serious one. The charge could be enhanced to a higher misdemeanor in the case of one prior conviction or even to a felony if there are two or more prior convictions.
For a person convicted of two or more alcohol-related driving incidents within 7 years the SOS will revoke driving privileges for one year. Zero-Tolerance convictions are classified as alcohol-related driving incidents with SOS. After the one year revocation time is up, this is not an automatic reinstatement of driving privileges. A person must then jump through the SOS hoops in having a hearing with a hearing officer to determine whether they have met the SOS requirements. SOS requirements are extensive and include a period of sobriety, AA or other self-help groups, letters of community support that must include very specific information, and even alcohol treatment in some circumstances. It is up to the hearing officer whether to reinstate driving privileges fully or issue a restricted license with an ignition interlock device (breathalyzer hooked to your steering wheel). If a hearing officer denies the request and continues the revocation, the decision can be appealed to the Circuit Court. Circuit Court does not have the authority to issue a restricted license and can only fully reinstate driving privileges.
While a Zero-Tolerance conviction has significantly less initial consequences than a conviction for Operating While Intoxicated, one must be aware of the future effects that could come with any additional alcohol-related offenses. |