Effective October, 31, 2010, Michigan's "SUPER DRUNK" law went into effect. This new law adds greater penalties to drunk drivers with high blood alcohol levels of .17% or greater. The legal limit for "operating while intoxicated" (OWI) of .08% remains the same. However, high blood alcohol cases will mean greater penalties as follows:
- Hard suspension of license for first 45 days (no driving) and restricted with the requirement of ignition interlock for the remaining 320 days. Individuals who violate their restrictions will obtain another license penalty equal to the above; another 45 days hard suspension and another 320 days on ignition interlock.
- Fine of not less than $200.00 or more than $700.00.
- Up to 180 days in Jail.
- Mandatory 1 year of alcohol/substance abuse rehabilitation.
The requirement of mandatory 1 year rehabilitation will also apply to repeat offenders who operate a vehicle while intoxicated or impaired regardless of blood alcohol level! Prior to October 31, 2010, there is no requirement of mandatory substance abuse treatment for repeat offenders.
The ignition interlock device requires a person to provide breath samples when the vehicle is started and during various periods while the vehicle is operated. The new laws require vehicle impoundment when a person is caught driving without the interlock device after being placed on restrictions.
Our criminal defense attorneys will fight for lesser charges, such as impaired driving, to avoid the expenses and penalties associated with the Super Drunk law.
We will keep you posted on our experience handling the Super Drunk cases (High BAC) as these cases filter into the court system. We have adopted an aggressive approach in the defense of all drinking and driving cases at our law firm. For those charged with the Super Drunk offense, we will be recommending substance abuse counseling and attendance of AA meetings when there is a substance abuse problem or when it will help to facilitate negotiations.