Michigan High Blood Alcohol Content Super Drunk Law
As of October 31, 2010, Michigan drivers with a bodily alcohol content of 0.17 or greater face increased penalties both in the courtroom and from the Secretary of State. The super drunk law only affects first time high Blood Alcohol Content (BAC) offenders.
If you need criminal defense for super drunk law charges contact Hills At Law, P.C. today.
Michigan Super Drunk Law Penalties & Fines
Michigan’s super drunk law imposes significantly greater penalties and fines than other drunk driving charges. There is now a one-year treatment requirement that is applicable to both repeat offenders and first time high BAC drivers. Prior to the adoption of this law, even those convicted of felony drunk driving were not required to undergo such extensive treatment; under the super drunk law, the only instance in which the one-year treatment is not mandatory is if the driver is/was convicted of traditional low Blood Alcohol Content drunk driving on their first offense.
The super drunk law increased fines from $200.00 to $700.00, and potential jail time from 93 to 180 days for super drunk drivers.
Michigan Super Drunk Law License Sanctions & BAIID Requirements
License sanctions have also been heightened: If the Michigan Secretary of State receives notice that an individual has been convicted under the super drunk law, that individual’s driving privileges will be suspended for one year. During the first 45 days of this suspension, the individual is allowed NO driving privileges of any kind under what is commonly referred to as a “hard suspension.” For the remaining 320 days, the individual will be allowed to drive only under restricted conditions and only if they pay to have a Breath Alcohol Ignition Interlock Device (BAIID) installed in their vehicle.
Breath Alcohol Ignition Interlock Device
Generally, a Breath Alcohol Ignition Interlock Device (BAIID) requires a driver to blow in the device prior to starting their car. The alcohol ignition interlock will prevent the vehicle from starting if it detects a Blood Alcohol Content of 0.025 or higher. When driving for longer periods of time, the driver is generally required to blow multiple times throughout the trip. If the ignition interlock device registers a 0.025 Blood Alcohol Content or greater, the driver’s license penalty will be doubled.
Under the ignition interlock law, an individual who is required to have a DUI ignition interlock system in their car cannot operate any other vehicle that is not equipped with an interlock device. The super drunk law requires the impoundment of any vehicle driven by a person who is required to use a Breath Alcohol Ignition Interlock Device. In this case, the vehicle will be impounded under the “offending vehicle sanction,” meaning that the owner—not the driver—is liable for all expenses.
Additional Penalties for Repeat Offenders
Repeat offenders who have had their driver’s license revoked may only have a restricted license with a Breath Alcohol Ignition Interlock Device for one year, and the BAIID may only be removed by the department.
Additionally, if an individual is arrested as a repeat offender under the super drunk law, law enforcement will confiscate and destroy the metal license plates of the vehicle being driven, and special temporary paper license plates will be issued. These temporary plates allow the vehicle to be driven legal, but replacement metal plates will not be issued until the individual’s case is resolved in court.
If You or A Family Member is in Trouble with the Law, Contact Hills Law Today
Hills Law: Serving Southwest Michigan For DUI & Super Drunk Cases
Hills At Law, P.C. serves Kalamazoo, Berrien County, and all of Southwest Michigan. We are deeply familiar with the area and well-versed in all laws that govern it, including the super drunk law and ignition interlock law.
With over 80 years of combined experience and a well-known, well-respected reputation, we are Southwest Michigan’s most trusted criminal defense firm. For thorough and determined representation in a super drunk law case or for any other criminal charges, contact Hills At Law, P.C. today at 269.373.5430.