The Super Drunk driving law went into effect on Halloween of 2010. Super Drunk is a drinking and driving offense that can be charged when a persons Blood Alcohol Level is .17 or higher (.17g of alcohol per 100ml of blood) and has penalties significantly more harsh than the standard Operating While Intoxicated Offense.
Super Drunk Penalties
Prior to the Super Drunk charge, a person with a blood alcohol level over .17 would be charged with Operating While Intoxicated (OWI).
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The major differences between OWI and Super Drunk are that fines have been increased from $500 to $700. Potential Jail time is increased from 93 days to 180 days. The license consequence of OWI is a 30 days of no driving at all followed by 150 days of driving restricted to necessary medical, court, work and school. The license sanctions associated with Super Drunk have been increased to 45 days of no driving followed by the balance of a year on a restricted license with a Breath Alcohol Ignition Interlock Device. Both charges carry community service, alcohol testing and education, 6 driver license points added to the drivers record and $2000 in driver responsibility fees.
Breath Alcohol Ignition Interlock Device and Super Drunk
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One major difference with the Super Drunk offense is the Breath Alcohol Ignition Interlock Device (BAIID) mentioned above. This is a device that goes on the driver’s vehicle and requires that the person blow into it every time they start the car and while they are driving. Violations are recorded and sent to probation. If the driver is pulled over using a vehicle not equipped with the device they will likely face new charges for driving in violation of a restricted license.
Removing the device creates an entirely new case in itself. To remove the BAIID you must attend a hearing with the Secretary of State Driver Assessment and Appeal Division where the driver has the burden to show by clear and convincing evidence that they have not drank alcohol for a minimum of a year and will never drink it again. Even if this is the person’s first criminal offense ever they must go through this process. This is the same procedure a person convicted of two DUI’s within seven years must go through.
Many drivers make the mistake thinking that reinstatement is automatic and attend the hearing unrepresented by counsel; these people usually will loose the hearing. Loosing a Secretary of State Driver Assessment and Appeal Division hearing can result in another year of driving on a restricted license with interlock or even a revocation.
Michigan Super Drunk Lawyer
At Aaron J. Boria, PLLC, we don't condone drunk driving but we do realize that people make mistakes. We aren’t hear to judge you, we are here to help you. Call Super Drunk lawyer, Aaron J. Boria today for a free consultation and see how we may be able to save you potential jail time, fines, and even your license. (734) 453-7806
