On October 31, 2010 Michigan’s drunk driving ,OWI, DUI, laws were amended and enhanced to include a new charge and increased penalties for persons charge with drunk driving, DUI, OWI whose blood alcohol content (BAC) is .17 or greater. This law is known as SUPER DRUNK DRIVING ! The proposed rational behind this law was to act as deterrent to people who are drinking to BAC levels in excess of 17% . Past drunk driving BAC statistics indicate that the average BAC of an arrested DUI , OWI , drunk driver is .16% Accordingly it is thought that this law could have an impact on roughly half of those arrested for Drunk driving.
When first passed those accused of a violation of Super Drunk could only be charged under State law and not local ordinance . What this means is that the County Prosecutor would charge a defendant pursuant to state law. In February 2012 , the law was again amended to allow home rule cities to enact ordinances which allow for criminal penalties not to exceed 180 days in jail. In lay mans terms this means that the local prosecutor usually referred to as a city attorney could charge an action under the Super Drunk Driving law.
What are the effects of SUPER DRUNK DRIVING, OWI, DUI
1. Criminal penalties increased!
If a defendant is convicted under the Superdrunk law as a first offender they will face up to 6 months /180 days in jail, an increased fine of $200.00 to $ 700.00 and up to 360 hours of community service. If you are are repeat offender , the penalties are the same as those that would be faced by a second or third offender under the current law MCLA 257.625 http://legislature.mi.gov/doc.aspx?mcl-257-625. In addition to the potential jail time, fines and costs , anyone convicted under the SUPERDRUNK law will be required to attend one year of substance abuse treatment, Alcoholics Anonymous , AA, or other outpatient or support group or bothdepending on the court where you are charged. In the 53 rd District Court for the cities of HOWELL, BRIGHTON, PINCKNEY , FOWLERVILLE, HARTLAND and all of LIVINGSTON COUNTY, JUDGES , BRENNAN, GEDDIS, and READER all have programs that they like to see people in this situation involved in
2. Severe Drivers License Sanctions
Anyone convicted under SUPERDRUNK will be subject enhanced and severe drivers license penalties. Your drivers license will be suspended for one year. The first 45 days of that one year will be served on a HARD suspension were NO driving at all is allowed. After the 45 day Hard suspension is completed you are granted a restricted license to drive e to/ form and in the course of employment, school , court, counseling, etc. No other driving is allowed during this time. In addition to the restricted license you will also have to have an interlock device installed on your car. the interlock requires you to blow into a tube to make sure you are alcohol free before your car will start. Failure to blow into the tube or a register of alcohol could result in a violation and a probation violation. You are also required to provide the court certification of interlock installation before the Secretary of State will issue you a restricted license.
Hopefully this Blog gives the reader a brief overview of Michigans SUPER DRUNK, OWI , OWVI , DUI law and can answer some of you basic questions. If you have further questions please call Howell, Michigan Lawyer Dan Bain. Dan Bain has been practicing DUI, OWI Drunk Driving defense in the 53rd District court covering Livingston County and the Cities of Howell, Brighton, Pinckney, Hartland Fowlerville, Novi, Walled lake , Commerce, Wolverine Lake, South Lyon ,52-1 jurisdiction for 19 years. he regularly defends those accused of SUPER DRUNK Driving, DUI, OWI, OWIV OWI in those areas as well as in FARMINGTON, FARMINGTON Hills and The 47th District court where his family maintained a law office for 30 years before heading west to NOVI. Dan collaborated with Judge Brian MacKenzie of the NOVI 52-1 Disrict court where Dan Bain co-authored with other noted defense attorneys , The Institute of Continuing Legal Education’s book “Michigan Criminal Procedure” Dan Bain credits the book to his editor JUDGE Brian Mac Kenzie of the Novi 52-1 District court. Dan Bain maintains offices in Howell and Novi and can be reached at (248)380-8787 or e-mail dan @bainlaw.org.