While drunk driving has long been recognized as a serious criminal offense with well-established legal precedents, distracted driving—often involving smartphones and in-car technology—has emerged as a growing threat on the roads for vehicle and cycle operators.
Both behaviors significantly increase the risk of accidents, injuries, and fatalities, but when it comes to legal consequences, the intricacies differ in important ways. And the proofs are very different and often difficult to establish.
At Schefman & Associates, PC, located in Bloomfield Hills, Michigan, we know these types of cases can be particularly challenging, often requiring detailed investigations, strategic legal approaches, and a deep understanding of Michigan’s personal injury laws. Let’s review the legal nuances of distracted driving versus drunk driving, examining which is more challenging to prosecute, defend, and litigate in court.
Distracted Driving Accidents
Distracted driving refers to any activity that diverts attention from driving. This includes activities like texting, talking on the phone, eating, or adjusting the radio. In Michigan, the laws surrounding distracted driving have become more stringent over the years.
Hands-Free Law
Effective June 30, 2023, Michigan implemented a hands-free driving law, making it illegal to hold or manually use a cellphone while driving. Violations can result in fines and community service requirements.
- First offense: $100 fine or 16 hours of community service.
- Second offense: $250 fine or 24 hours of community service.
- Subsequent offenses: Completion of a driving improvement course.
Additionally, if a distracted driver causes an accident, fines can be doubled.
Challenges in Legal Proceedings
Proving distracted driving can be challenging. Unlike drunk driving, where blood alcohol content can be tested, distracted driving often relies on circumstantial evidence, making it harder to establish fault. Cell phone numbers have to be researched to determine if a cell tower was activated by use, such as a text message or a call. Texts may have been erased or may be encrypted in an unknown application. If another passenger was in the car they may have been using the handset. Rarely will an at-fault driver own up to his actions and accept his own fault.
Drunk Driving Accidents
Drunk driving remains a significant concern in Michigan. Operating a vehicle under the influence of alcohol or drugs impairs judgment, reaction times, and motor skills, leading to accidents.
Legal Blood Alcohol Concentration (BAC) Limits
Here are the legal blood alcohol concentration, or BAC, limits:
- For drivers over 21: BAC of 0.08% or higher.
- For drivers under 21: Any detectable alcohol is prohibited.
Law enforcement agencies across the state continue to prioritize DUI enforcement due to the high risk it poses to public safety. Each year, alcohol-related crashes result in numerous injuries and fatalities, leaving victims and their families with lasting emotional and financial burdens.
The legal consequences for offenders are severe, but for those harmed, the path to justice often requires skilled legal representation to work through challenging claims and secure fair compensation.
Penalties for Drunk Driving
Drunk driving carries criminal penalties depending on the number of previous offenses or severity. But in cases where a drunk driver causes serious injury or death, the legal consequences escalate dramatically. Felony charges may be brought against the driver, resulting in harsher penalties such as extended prison sentences, substantial fines, long-term license suspension, and a permanent criminal record.
This abundance of concrete evidence provided by the police not only strengthens the prosecution’s case but also gives victims a clearer path to justice and compensation in civil cases. But the drunk driving penalty case can also cause substantial delay in civil justice. Generally, no criminal attorney will allow their client to be deposed regarding the collision before the conclusion of the criminal case, as it could impede the 5th Amendment rights of the individual. And therefore, getting to the bottom of who was a witness to the drinking, where they might have been over served, is also delayed.
Comparing the Legal Challenges
When comparing the legal intricacies of distracted driving and drunk driving, several key factors highlight how each offense is handled differently.
- Evidence collection: in Distracted driving often relies on more circumstantial evidence, such as witness testimonies, cellphone records, or dashcam or other security footage. This type of evidence can be inconsistent or unavailable, making cases harder to prove. In contrast, drunk driving cases typically involve more concrete evidence. Breathalyzer results and field sobriety tests provide measurable proof of impairment, giving prosecutors a stronger foundation for charges.
- Getting the Right Parties: For many years in Michigan, bars and restaurants carry separate liability for serving a visibly intoxicated individual who then drives and causes injury. Notice must be given the liquor license holder within one year of the date of the event. But finding out which bar, which liquor store, served or sold the alcohol, is only the first step. Proving visible intoxication when served is the critical requirement that make the case against the liquor license holder so difficult. It is not enough to back into the blood alcohol level; there must be testimony to establish the alleged intoxicated person was “visibly intoxicated” when served; blood shot eyes, slurred speech, stumbling, and generally factors that provide this evidence. In other words, you need a willing witness to testify.
- Public perception: Distracted driving, despite its dangers, is often seen as a less serious offense, which can lead to leniency in enforcement and sentencing and a willingness of others to offer truthful testimony as to the use of a cellular device. Drunk driving, in contrast, carries a long-standing reputation as a reckless and dangerous act and is punishable by long sentences of confinement and loss of driving privileges. As a result, it tends to be met with greater social condemnation and stricter legal repercussions, but also, more resistance by those drinking with the person to give truthful testimony as to visible intoxication.
Each case presents unique legal challenges, and determining liability often depends on the specific circumstances of the crash. Regardless of the cause, Schefman & Associates will work through the legal process, gathering evidence, and pursuing your just compensation.
Ultimately, both types of negligence can change lives in an instant, and both demand serious legal attention.
Why Consulting Schefman & Associates Is Crucial
Whether you’re involved in a distracted driving or drunk driving accident, consulting a car accident lawyer is essential. Here’s why:
- Experience in working through challenging cases: Lawyers with experience in car accidents understand the intricacies of both distracted and drunk driving cases, making sure that victims receive fair representation.
- Assistance with evidence collection: Legal professionals can help gather crucial evidence, such as obtaining phone records in distracted driving cases or securing breathalyzer test results in drunk driving cases.
- Negotiation with insurance companies: Lawyers can negotiate with insurance companies to make sure that victims receive appropriate compensation for medical bills, lost wages, and pain and suffering.
- Representation in court: In cases where settlements aren’t reached, a car accident lawyer can represent victims in court, presenting a compelling case to secure justice.
Having Schefman & Associates by your side can make a significant difference in the outcome of your case. As skilled car accident lawyers, we will protect your rights at every stage, helping you avoid common pitfalls and strengthening your claim. With Schefman & Associates, you can focus on recovery while we fight for the compensation you’re entitled to.
Speak With Schefman & Associates Today
If you’ve been involved in a car accident in Michigan, don’t try to work through the challenges alone. Schefman & Associates, PC serves clients in Wayne County, Michigan; Oakland County, Michigan; Macomb County, Michigan; Washtenaw County, Michigan; and Genesee County, Michigan. Contact our experienced car accident lawyers today for a free consultation. We’re here to help you understand your rights and fight for the compensation you’re entitled to.