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Penalties and Defenses Associated with the Super Drunk Law
Michigan law has tiers of penalties for impaired driving that include the super drunk law, targeting individuals with a blood alcohol content (BAC) of 0.17% or higher. This statute imposes strict penalties to deter behavior that endangers public safety. Understanding this law is essential for Michigan residents to increase compliance or navigate charges.
The Super Drunk Law
Enacted in 2010, Michigan’s super drunk law applies to first-time offenders with no prior DUI convictions within seven years and who have a BAC more than double the legal limit of 0.08%. The law was passed to address the correlation between high BAC levels and the increased likelihood of serious or fatal accidents, prompting lawmakers to adopt stricter measures to protect the public.
Super Drunk Law Penalties
Jail Time
A conviction can result in up to 180 days in jail. This is significantly higher than the maximum penalty for a standard DUI.
Fines and Other Costs
Fines can range from $200 to $700. Additional costs include court costs, probation fees, or other administrative expenses.
License Suspension
Your driver’s license will be suspended for one year. After the first 45 days of a hard suspension, you may be eligible for a restricted license, but only with a Breath Alcohol Ignition Interlock Device (BAIID) installed.
Breath Alcohol Ignition Interlock Devices (BAIID)
A BAIID is mandatory if granted a restricted license. You’ll also bear the costs of installing and maintaining this device.
Alcohol Education and Treatment
The court will likely order you to complete an alcohol education program or undergo substance abuse treatment. This is both a punitive and rehabilitative measure.
Increased Insurance Rates
A super drunk conviction will almost certainly result in skyrocketing car insurance premiums. You may also be required to purchase a high-risk policy.
Defenses Against a Super Drunk Charge
While a super drunk charge is serious, defendants have rights, and several potential defenses may be utilized.
Challenging the Traffic Stop
Law enforcement must establish a valid reason for initiating a traffic stop, such as erratic driving or a traffic violation. Evidence obtained from an unlawful stop may be inadmissible. Your attorney can review the officer’s report to determine if the stop was legally justified.
Questioning the BAC Test
Breathalyzer results are not perfect. Factors like improper calibration, device malfunctions, or user error during administration can lead to inaccurate readings. Additionally, medical conditions like acid reflux or the presence of certain substances in the mouth can artificially inflate BAC levels. A skilled attorney can request maintenance records for the breathalyzer and question the credibility of the test results.
Challenging Field Sobriety Tests
Field sobriety tests are often subjective and may not reliably indicate impairment. Poor weather, uneven surfaces, or a defendant’s physical condition could impact performance. A defense attorney can argue that the results do not prove intoxication.
Rising Blood Alcohol Levels
BAC levels can rise after an individual has stopped drinking. This is particularly relevant if there is a delay between driving and administering the BAC test. In such cases, the BAC at the time of testing may not accurately reflect the BAC while driving.
Procedural Errors
Police officers are required to follow strict protocols during DUI arrests, including informing the defendant of their rights and properly administering tests. Deviations from these procedures could result in the exclusion of evidence.
Witness Testimony
Statements from passengers or bystanders can sometimes contradict the officer’s account of events, providing an alternative perspective on the circumstances leading to the arrest.
Necessity or Duress
In rare cases, defendants may argue that they were compelled to drive due to an emergency or under threat. Although this defense is challenging to prove, it may be applicable in extraordinary circumstances.
Navigating a Super Drunk Charge
If you’ve been charged under the super drunk law, there are steps to help navigate the charge.
- Hire an Experienced Attorney-DUI cases are complex with high stakes. An experienced attorney can analyze the evidence, identify weaknesses in the prosecution’s case, and negotiate on your behalf.
- Comply with Court Orders -Failing to comply with court-ordered programs or probation terms can result in additional penalties. Take these requirements seriously.
- Be Proactive About Rehabilitation- Involuntarily enrolling in an alcohol treatment program before your court date can demonstrate to the judge that you’re taking responsibility and seeking to address any underlying issues.
- Stay informed- Understanding the legal process can help you make informed decisions. Ask your attorney questions and familiarize yourself with Michigan’s DUI laws.
Preventing a Super Drunk Charge
The best way to avoid the consequences of the super drunk law is to prevent the situation entirely. If you’re going out for drinks, arrange for a designated driver, rideshare, or public transportation beforehand. Everyone processes alcohol differently. Familiarize yourself with how your body responds and take steps to avoid overconsuming. A personal breathalyzer can help you gauge your BAC. While not a foolproof method, they can provide an extra layer of precaution. Share the risks and consequences of high BAC levels with friends and family. Awareness can prevent bad decisions.
Facing a Super Drunk Charge? Clint W. Perryman PC Can Help You Get the Best Outcome.
A conviction under Michigan’s super drunk law can have life-altering consequences. Jail time, hefty fines, license suspension, and skyrocketing insurance rates are just the beginning. Don’t navigate this challenging situation alone. Clint W. Perryman PC defends clients against DUI and super drunk charges. I am committed to protecting your rights and minimizing the impact on your life. Call today to schedule a case evaluation at 810-498-2370. Let’s work together to secure your best possible outcome.
