Michigan's Super Drunk law drawing attention from residents

June 22, 2013

Michigan's Super Drunk law drawing attention from residents

As of October 2010, Michigan drivers are subject to a law that heightens penalties for persons convicted of operating a motor vehicle when they are "Super Drunk." While the legal limit on blood alcohol content for drivers remains at 0.08 percent, this new law increases penalties for those caught with a BAC of 0.17 percent or higher. The Super Drunk law, and the penalties for a Super Drunk offense, will apply regardless of whether it is the individual's first drunk driving offense or a repeat offense.

Super Drunk law penalties

The maximum jail sentence for a Super Drunk offense is 180 days, which is almost double the 93-day maximum jail sentence in traditional drunk driving cases. Super Drunk offenses also carry the potential for much larger fines: from $100-$500 in traditional drunk driving charges to a maximum of $700 in Super Drunk charges.

In addition, drivers found guilty of a Super Drunk driving offense may be required to complete an alcohol treatment program and have an ignition interlock device installed in their vehicles, requiring them to have a clean breathalyzer before the vehicles will start.

Role of the interlock device

The installation of the IID has proven to be one of the most controversial aspects of the Super Drunk law. Prior to starting a vehicle, the driver must blow into the IID, and if the alcohol level is 0.025 percent or higher, the vehicle will not start. According to the state of Michigan's Department of State, subsequent breath samples, called rolling retests, may be required after the driver has started the vehicle. If the IID registers three start-up test failures, or one rolling retest failure, the vehicle will go into a "lock-out" mode, and the car cannot be operated.

One issue with the IID is the low alcohol cut-off point. A driver who has a blood alcohol content of 0.025 percent is still three times under the legal limit. Additionally, there is concern that the IID will produce false positives and will register that the driver has too high of a blood alcohol content when, in fact, the driver has not consumed any alcohol prior to blowing into the device.

Not only does this prove to be inconvenient for many drivers, but the device is also costly. The price to have a device installed is up to $200, and the fee for using the device is approximately $75 each month per vehicle. The device cannot be removed from a convicted driver's vehicle until the Secretary of State authorizes the device's removal.

Protecting the rights of the accused

Navigating this law can be complicated and confusing. Individuals who are accused of drunk driving are encouraged to consult with an experienced attorney in order to protect their rights. An experienced criminal defense attorney can help by reviewing evidence, negotiating and representing a client in court.

Article provided by Aggressive Criminal Defense Law Firm
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