Distracted Driving Is Six Times More Dangerous than Drunk Driving — Why Doesn’t the State of Michigan Treat It More Seriously?

As you may have read in a recent article published here, Michigan enacted a new distracted driving law effective on June 30th. And while we applaud the intent of the new law, which is designed to discourage hand-held cell phone use while driving and to save innocent lives in the process, we’re disappointed in the weak penalties the new law provides – especially compared to those currently on the books for drunk driving. After all, both result in terrible tragedy on our state’s highways. In fact, NHTSA statistics show that drivers who text behind the wheel are six times more likely to get into accidents than drunk drivers, and those who are using cell phones have their reaction times delayed significantly – comparable, in fact, to drivers whose blood alcohol count is at the legal limit.

So why is one crime punished by the slap on the wrist, while the other can result in a prison sentence? Truly, drunk driving and distracted driving are equally dangerous in our opinion. Let’s discuss the penalties currently in place for each of these crimes and examine why we think the punishment for distracted driving should be made more severe than the newly enacted law provides.

Unpacking Michigan’s Drunk Driving Law Penalties

Michigan treats drunk driving seriously, as it should. Tens of thousands of people are arrested for impaired driving here every year. And thousands of innocent victims are injured or killed by drunk drivers in the state annually. Last year, for example, the state recorded 322 deaths resulting from 9,331 alcohol-related accidents. And, as we’ve said, the law severely punishes intoxicated drivers. Quoting verbatim from the Michigan State Police website, here’s what happens to Michiganders who are convicted of driving under the influence:

“If BAC is below .17 and this is a first offense:

• Up to $500 fine
• Up to 93 days in jail
• Up to 360 hours of community service
• Up to 180 days license suspension
• 6 points on a driver’s license

If BAC is .17 or higher and this is a first offense:

• Up to $700 fine
• Up to 180 days in jail
• Up to 360 hours of community service
• Up to one year license suspension
• 6 points on a driver’s license
• Mandatory completion of an alcohol treatment program
• Ignition interlock use and compliance after 45 days license suspension is required to receive a restricted driver’s license. Convicted drunk drivers have limited driving privileges, are prohibited from operating a vehicle without an approved and properly installed ignition interlock device, and are responsible for all installation and upkeep costs for the device.

Anyone who refuses a breath test the first time is given an automatic one-year driver’s license suspension. For a second refusal within seven years, the suspension is two years. Convicted drunk drivers are (also) subject to a $1,000 penalty for two consecutive years under the Driver Responsibility Act, for a total of $2,000 in additional costs.”Penalties for drunk drivers convicted of second and subsequent offenses are also strong – with up to 20 years in prison and far larger fines for repeat offenders convicted of killing someone while driving under the influence. But what about distracted drivers? Let’s take a look at their potential penalties under the new law.

A Look at Michigan’s New Distracted Driving Law Penalties

With today’s hands-free technology, which lets you easily give voice commands for virtually everything, there’s really no good reason to touch it while driving. But, if you do choose to ignore the new law and get caught holding the phone behind the wheel, you’ll pay a (very small!) price under the newly enacted rules.

• First-time offenders will be fined $100 or compelled to perform 16 hours of community service.
• A second conviction will result in a $250 fine or 24 hours of community service.
• If a collision occurs due to someone holding their phone while driving, those fines double.

Additional violations could result in offending drivers having to take a driver improvement course, along with paying the required fines or undertaking the law’s mandatory community service requirements.

If you think that sounds far less serious than the penalties facing drunk drivers, you’d be 1,000 percentright. And we believe that’s a travesty which needs to be resolved by legislative action.

What We Believe the Legislature Should Do About This Discrepancy

State legislators and Governor Whitmer should act immediately to protect innocent Michigan drivers (and their equally blameless passengers), pedestrians, bicyclists, and anyone else hurt by distracted drivers by taking those criminals off the road swiftly and holding them accountable. Distracted driving is just as bad as drunk driving and should be treated similarly under state law. We urge you to contact the governor, your state representative and your state senator to urge them to strengthen the penalties of the state’s distracted driving law as soon as legislatively possible. When you do, you can feel good about doing your part to safeguard everyone on the road, including anyone who matters to you personally.

What You Should Do if You’re Hurt by a Drunk or Distracted Driver

After you’ve called 911 for emergency assistance, the very next number to dial is 855-MIKE-WINS (855-645-3946). As you can imagine, we’re fired up about holding distracted drivers and drunk drivers who harm our fellow Michiganders accountable for their bad actions, and we’ll be 100 percent on your side in to get justice for you and the people you love. You deserve to have our team of dedicated distracted driving lawyers (or drunk driving accident attorneys) take on your case. Make that call or contact us online today.

Content checked by Mike Morse, personal injury attorney with Mike Morse Injury Law Firm. Mike Morse is the founder of Mike Morse Law Firm, the largest personal injury law firm in Michigan. Since being founded in 1995, Mike Morse Law Firm has grown to 150 employees, served 25,000 clients, and collected more than $1 billion for victims of auto, truck and motorcycle accidents. The main office is in Southfield, MI but you can also find us in Detroit, Sterling Heights and many other locations.