Diet or regular? It makes a difference to Michigan drivers after a drink

March 16, 2013

A committee within the Michigan legislature is advancing a bill permanently raising the drunk driving intoxication threshold from 0.06 to 0.08 percent blood alcohol concentration (BAC). The action is not surprising since the law is a condition of federal funding for road construction in the state. However, the relatively small law change may have an effect on those who imbibe alcohol mixed with diet pop.

A recent study indicates that a person's intoxication level is significantly higher if a diet soda versus a regular soda is used as a mixer, increasing the risk of a drunk driving arrest in the state. Although the study was small and needs more testing, those that enjoy mixed drinks should take note.

Study findings

The study tested a number of men and women in their 20s and 30s who drank vodka mixed with diet or regular pop. One group drank only diet Squirt as a mixer, another only regular Squirt. Both groups reported feeling the same levels of intoxication as they consumed numerous mixed drinks.

However, as compared to those who were given regular pop, those given only diet pop as a mixer experienced the following:
- Slower reaction times in tests performed by the researchers
- Eighteen percent higher BAC levels after just 40 minutes
- BAC levels that more quickly exceeded the legal driving limit

Scientists involved in this study and other similar studies theorize that the artificial sweeteners in diet pop do not delay alcohol absorption in the body -- like sugar does -- and, thus, makes the drinker intoxicated more quickly.

Risky business

The danger revealed in the study is not only with the elevated intoxication levels, but with how the study participants felt about their levels of intoxication. Participants did not believe they were as intoxicated as the breathalyzer tests showed them to be. This can lead to unknowingly operating a vehicle while intoxicated.

In Michigan, there are numerous laws regarding motor vehicle offenses that can be brought against drivers who have, allegedly, had too much to drink. Common charges include:
- Driving under the influence (DUI)
- Operating while intoxicated (OWI)
- Operating under the influence of liquor (OUIL)
- Operating while visibly impaired (OWVI)
- Unlawful blood alcohol level (UBAL) while operating a vehicle
- "Super drunk" charges for those with a BAC of .17 or higher

Such charges may also be brought against intoxicated operators of other types of motorized vehicles, such as boats, within the state.

Defending a drunk driving charge

If you are accused of operating a motor vehicle while intoxicated, it is important to consult an experienced criminal defense lawyer. An attorney knowledgeable about drunk driving cases can help ensure that your rights are protected.

Article provided by Aggressive Criminal Defense Law Firm
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