Have you heard of the Michigan Super Drunk Law? This law is designed to try and curb super drunk driving. The law states that anyone caught with a BAC level or blood alcohol content of 0.17 or higher will be considered “super drunk”, leading to an increased penalty. This high BAC offense only applies when there has not been a prior offense in the preceding seven years.
Michigan’s Super Drunk Law is Michigan’s version of a “super drunk law.” This new Michigan DUI statute increases the penalties for drivers with blood alcohol content (BAC) reading by over .17%. The Michigan Super Drunk Law went into effect in 2010 and rates as one of the strictest DUI laws in America today.
Bruce Law firm has Michigan Traffic Lawyers that can assist in defending high BAC offenses. Call today for a free consultation. A DUI defense lawyer can be of assistance in getting through these difficult times.
The Michigan Super Drunk Law Can Be Found in MCL 257.625(1)(c)
MCL 257.625(1)(c) is the Michigan statute that spells out the requirements for a super drunk driving conviction. MCL 257.625 states in pertinent part:
257.625 Operating motor vehicle while intoxicated; “operating while intoxicated” defined; operating motor vehicle when visibly impaired; penalties for causing death or severe impairment of a body function; operation of motor vehicle by a person less than 21 years of age; “any bodily alcohol content” defined; requirements; controlled substance; costs; enhanced sentence; guilty plea or nolo contendere; establishment of prior conviction; special verdict; public record; burden of proving religious service or ceremony; ignition interlock device; definitions; prior conviction; violations arising out of the same transaction.
(1) A person, whether licensed or not, shall not operate a vehicle on a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state if the person is operating while intoxicated. As used in this section, “operating while intoxicated” means any of the following:
(a) The person is under the influence of alcoholic liquor, a controlled substance, or other intoxicating substance or a combination of alcoholic alcohol, a controlled substance, or other intoxicating substance.
(b) The person has an alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine or, beginning October 1, 2021, the person has an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or 67 milliliters of urine.
(c) The person has an alcohol content of 0.17 grams or more per 100 milliliters of blood, per 210 liters of breath, or 67 milliliters of urine.MCL 257.625
This statute spells out the Michigan super drunk law.
BAC or Blood Alcohol Content of 0.17 to be Super Drunk
Drunk drivers that are convicted of high bac or blood alcohol content face harsh penalties. Anyone who has a blood alcohol content over 0.08 is guilty of drunk driving. To be convicted of Michigan’s super drunk driving charge, the state must show a high bac or alcohol content bac of 0.17 or over.
DUI lawyers can be of assistance when you are charged with a high bac drunk driving charge. Being charged with super drunk driving or high bac offense can be a devastating first offense charge.
Talk to DUI Lawyers in Monroe County and Downriver Detroit today!
Call Bruce Law Firm for an emergency consultation if you are charged with a super drunk driving offense. Our DUI lawyers offer a free consultation to discuss your case. An attorney can be of assistance in the event you are facing an OWI offense.
What is the super drunk driving law in Michigan?
The Super Drunk law applies to those with no prior DUI offenses in the past seven years.
If you have previous convictions, it does not matter if your BAC or blood alcohol content was high or low when being pulled over–you will be charged as either a second-time offender or third-time offender. Under these circumstances, criminal penalties are increased and often harsher than under the Super Drunk law.
Individuals charged with super drunk driving in Michigan should consult an experienced Michigan DUI attorney immediately for legal advice. It is critical to act immediately to prepare your defense.
What is the penalty for being super drunk in Michigan?
The penalties for being charged with a high bac or blood alcohol content offense are severe. The punishment drunk drivers face for a Super Drunk Driving offense in Michigan is more severe than a first offense OWI charge. If your blood alcohol content level (BAC) is 0.17 percent or higher, the following penalties will be imposed:
- You can be sentenced to up to a maximum of 180 days in jail or six months.
- Fines for a super drunk conviction can range anywhere from $200-$700.
- Court costs can range from $500 to $1,000 for a super drunk driving conviction.
- The maximum penalty for a Michigan “super drunk” charge is up to 360 hours of community service.
- Possible obligation to attend an alcohol rehabilitation program for a year.
Driver’s License Sanctions
Driver’s license suspension is a consequence of a super drunk offense. The Michigan super drunk law provides the following driver license sanctions that can affect your ability to drive legally in Michigan. These include:
- A 45-day driver’s license suspension is the punishment for driving with a blood-alcohol level of 0.17 percent or higher while operating a motor vehicle.
- You will receive a restricted license to drive for 320 days after you have served the suspension period of your driving privileges.
- You will be assessed six points on your Michigan driver’s license.
- An ignition interlock device will be installed in your vehicle for a minimum of the time of your restricted license.
Protecting your driving privileges is an essential aspect of an OWI defense. Without driving privileges, it is difficult to maintain employment, attend to your family’s medical and educational needs, and such day-to-day tasks as going to the grocery store.
A driver’s license suspension can be devastating. Talking to a DUI lawyer when facing a DUI offense is key to keeping your driving privileges.
Other Consequences to a Super Drunk Offense
The Michigan super drunk driving law applies to anyone driving drunk with a BAC of .17 or over. But if you’ve had a prior OWI conviction within seven years, then you could be charged as second offender and face penalties that are even harsher than first-time offenses.
Your life can be impacted by a conviction even after the criminal proceeding is completed. You may not know this, but your insurance company is likely to drastically raise your premiums or cancel it altogether, and you could have a more challenging time finding employment.
Fighting a High BAC OWI Charge in Michigan
Depending on the circumstances, fighting a high BAC OWI charge can serve as a viable option. The facts of every case are different, so you should always consider what strategy will help you best protect your rights.
The facts of every case are different, and since dui defense attorneys often focus on possible weaknesses in the prosecution’s evidence or arrest procedures that might have overstepped the defendant’s constitutional rights.
Negotiate a Plea Bargaining with the Prosecution
Plea bargaining is an option for defendants who want to minimize the consequences of a driving under the influence charge. It can occur with or without a reduced penalty. Negotiations for a first offense DUI, and not a super drunk conviction, is sometimes possible. If the case is particularly weak you may be able to plea to a careless driving ticket.
Contact an Experienced Michigan Super Drunk Defense Attorney
The Super Drunk law in Michigan is designed to try and curb super drunk driving. It states that anyone caught with a BAC level of .17 or higher will be considered “super drunk”. This can lead to an increased penalty for those who are found super drunk.
If you have been accused of super drunk driving, contact our experienced super drunk driving defense Lawyers today. We’ll fight to get your charges dropped so you won’t end up paying more than necessary due to these strict penalties!
Bruce Law Firm offers a free consultation to discuss the specific facts of your case. Our office is conveniently located in Monroe, Michigan. Let us help you today.