Michigan Super Drunk Law Information

Driving with a Blood Alcohol Content of over .17 or more falls under Michigan's brand new "Super Drunk" Law!

A new law makes it a crime in Michigan for first-time drunk drivers. This law went into effect on November 1, 2010. Michigan courts continue to get more aggressive in catching, prosecuting, and enforcing drunk driving, OWI, OUI, OUIL and impaired driving statutes.

Known as the "Super Drunk" law, it was signed into law by our governor on January 9, 2009, and it creates a new crime for first-time drivers with a bodily alcohol content (BAC) of .17 or higher. Drivers that have a chemical breath test or DataMaster (Breathalyzer) test of .17 can be charged with being "super drunk."

First offender "high BAC" drunk drivers will have their license and/or operating privileges suspended for twice as long (12 months) instead of the usual 6 months. Additionally, the first 45 days of this year will be what is called a "hard" suspension, meaning absolutely no driving for any purpose whatsoever. A driver can be given restricted driving privileges after 45 days, which typically allows a person to drive to and from work, school, the doctor, probation and/or any court-ordered alcohol treatment or counseling.

Fines are raised to $200.00 - $700.00, the maximum jail time is nearly doubled to 180 days, and courts are required to order a mandatory minimum one-year alcohol treatment program. These increased penalties and treatment programs will apply only to first-time offenders in Michigan, and penalties for subsequent offenders will remain the same.

Also, all "high BAC" drunk drivers (which means drivers convicted under this new super drunk law) will be required to install a breath alcohol ignition interlock device (BAIID, or ignition interlock) on their vehicle at their own expense. This device prevents the vehicle from operating if any alcohol is detected after blowing into the ignition interlock.

If the judgment and sentence are appealed to Circuit Court, the court may issue an ex parte order requiring the Michigan Secretary of State (SOS) to stay, or delay imposing, the suspension, revocation, or restricted license issued by the SOS until the appeal has been completed.

Increased scrutiny of the proper testing procedures and the calibration and maintenance of the testing machines will be a defense concern, as well as prompt substance abuse evaluations with appropriate follow-through.

Have you been charged under Michigan's Super-Drunk driving law?