Michigan Rep Mary Cavanagh is facing a DUI charge for the 2nd time following an arrest by the Livonia Police Department.

Gavel, Alcoholic Drink & Car Keys on a Gradated Background - Drinking and Driving Concept.
Andy Dean

News channel 4 reports that an officer saw her swerving around a highway with two flat tires. This is not Rep. Mary Cavanagh's first DUI. In 2015, after another traffic stop for alleged drunken driving in Livonia, Cavanagh reportedly pleaded guilty to an ordinance violation of operating while impaired and served a year of probation. Cavanagh co-sponsored a bill passed into law last year that allows first-time drunken driving offenders to have their convictions expunged.


What is the legal limit for Michigan drivers?

In Michigan, a driver is allowed to drink and drive, as long as their blood-alcohol content (BAC) is under 0.08. Once a driver consumes enough alcohol for their BAC to reach or exceed 0.08, they are considered to be above the legal limit and are vulnerable to arrest for Operating While Intoxicated, also called OWI.

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However, once a driver’s BAC reaches 0.17, which is just above twice the legal limit for blood alcohol content, they are considered to be “Super Drunk.” The offense is still considered to be a misdemeanor, however, the penalties are considerably more severe. In fact, the penalties for being convicted of “super drunk” driving are, on average, twice that of standard drunk driving penalties.

Justin Sullivan
Justin Sullivan

How Does A Field Sobriety Work?

According to the NHTSA, a suspect does not "pass" or "fail" a field sobriety test, but rather the police determine whether "clues" are observed during the test.

The Three validated Field Sobriety Tests By NHTSA Are

-The Horizontal Gaze Nystagmus Test, involves following an object with the eyes (such as a pen) to determine characteristic eye movement reaction.

-The Walk-and-Turn Test (heel-to-toe in a straight line). This test is designed to measure a person's ability to follow directions and remember a series of steps while dividing attention between physical and mental tasks.

-The One-Leg-Stand Test

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