The state of Michigan treats very high blood alcohol levels (BAC) as a more serious form of drunk driving. It imposes significantly harsher penalties than a standard Operating While Intoxicated (OWI) charge. Commonly referred to as the “Super Drunk” law, this statute targets motorists found driving with a BAC of 0.17 or higher.
Michigan enacted this enhanced penalty framework in 2010 to address extremely intoxicated drivers who pose a greater risk to public safety. If you are facing a charge, you may encounter severe immediate and far-reaching legal ramifications.
First-time enhanced penalties
A first-time “super drunk” conviction is a misdemeanor. However, the penalties are nearly double those of a standard OWI (where BAC is between 0.08 and 0.16). You can face enhanced penalties such as the following:
- Increased jail time: You may face up to 180 days in jail, compared to the 93-day maximum for a standard first-offense OWI.
- Fines: Court-ordered fines range from $200 to $700, plus additional court costs and state fees. This can total thousands of dollars.
- Community service: The court may order up to 360 hours of community service.
- Driving record: Your driving record receives six additional points.
There are other consequences you may face. Courts can also impose probation, testing or counseling as penalties. You may need to install an ignition interlock system or have your vehicle immobilized.
Driver’s license impact
The impact on your driving privileges is one of the most restrictive aspects of a High BAC conviction. Depending on your court order, you may not be able to drive unless it is for work, probation or court-related reasons.
You face a one-year license suspension if the court convicts you. For the first 45 days, you are prohibited from driving entirely. There are no exceptions for work or school during this period. After the 45-day hard suspension, you may become eligible for a restricted license for the remaining 320 days. However, you must install an Ignition Interlock Device on any vehicle you own or operate.
Further steps
Michigan’s High BAC law is meant to deter offenders. Because the evidence in these cases often involves chemical testing and police observation, the legal process is complex. Do not hesitate to reach out to a legal professional to evaluate your options and strategies.
