Here we find a rare but unfortunate instance of the
MichiganVotes bill synopsis being factually wrong, or at least very misleading.
The actual text of this bill (something serious commentators should look at before posting) proposed to create a new felony. Specifically, it proposed that anyone
who is responsible for injury or death of another person while operating a
vehicle with a blood alcohol content (or equivalent) of 0.02 but less than the
threshold for legal intoxication (currently BAC 0.08) is guilty of a felony.
The bill made no mention of open alcohol container(s) in
motor vehicles. Its only connection open containers is that it was
proposed as an amendment (brand new addition, brand new sub-section) to the Michigan Motor Vehicle
Code section that pertains to open containers.
Arguably, perhaps, it proposed an extension of the concept of
“container” to include the human body. But that is a stretch. It is similar to Michigan's “minor in possession” law that says a
minor with any blood alcohol content is “in possession” of alcohol.
One commentator
here – in addition to
obviously not having read the actual bill – also has erroneously referred to
the bill as a “law.” It is not.
This bill was introduced in May 2008, and was immediately
assigned to a legislative committee. It never was taken up for active consideration. It died when the 2007-08 legislative
session adjourned in December 2008.
However, similar legislation may be introduced in the new,
2009-10 legislative session. If it
is, it should go nowhere.
This kind of legislation is a Trojan Horse that exploits
society’s general dismay over vehicle crashes involving drunk drivers. It actually seeks to criminalize the
consumption of any alcohol by incremental steps.