New "Super Drunk" Law
On October 31, 2010 Michigan drivers with a bodily alcohol content of .17 or greater will face increased penalties from both the courtroom and the Secretary of State. The new law will only affect first time high BAC offenders.
A significant change that will be applicable to repeat offenders as well as first time high BAC drivers is a new one year treatment requirement. Prior to this new law taking effect even those convicted of felony drunk driving were not required to undergo such extensive treatment. After October 31, 2010 the only time the one year treatment will not be mandatory is if the driver is convicted of traditional low BAC on their first offense.
Regarding court sanctions the fines will be increased from $200.00 to $700.00 and potential jail will increase from 93 days to 180 days for super drunk drivers. There will also be enhanced license sanctions. If the Secretary of State gets notice that an individual was convicted of a super drunk driving charge their driving privileges will be suspended for one year. The first 45 days of this suspension the driver will be allowed no driving and is commonly referred to as "a hard suspension." During the remaining 320 days the individual will be entitled to drive under restricted conditions. However, that is only if they pay to have a Breath Alcohol Ignition Interlock Device (BAIID) placed on their vehicle. Further, for repeat offenders who have had their driver's license revoked they may only have a restricted license with a BAIID for one year, and the BAIID may only be removed by the department.
Individuals should be further aware that there will be a new offense of operating without a BAIID. If the device in the vehicle registers .025 BAC or greater your driver’s license penalty will be doubled.
Generally BAIID requires a driver to blow in the device when they first start their car. The BAIID will not allow your car to start if it detects a BAC of .025 or greater. Generally when driving for longer periods of time there would be additional blows required. It should also be noted that a person who is required to have an ignition interlock system in their car cannot operate any vehicle that is not equipped with an interlock device.
The new law also requires impoundment of a vehicle where a person who is required to have a BAIID is stopped in a car without the device. In this case the vehicle may be impounded as a "offending vehicle sanction" meaning that the owner and not necessarily the driver of the car remains liable for all expenses.
Drunk driving laws are getting more severe all the time. If you find yourself in trouble with the law, contact us at Hills At Law, P.C.