In Michigan, standard drunk drivers are those with blood alcohol contents of 0.08 to 0.16 percent. However, a recently enacted law called the “Super Drunk” law has increased the penalties of driving with an even higher BAC, or blood alcohol content. This law applies to drivers possessing no OUI convictions within the past 7 years operating a motor vehicle with a blood alcohol content of 0.17% or higher.
Drivers that do have a previous conviction earlier than 7 years face consequences of an even greater severity. While the maximum penalty of a traditional drunk driving case (a BAC under 0.17%), the maximum jail sentence is almost double that at 180 days. Also in a traditional conviction, you may be ordered 30 days of no driving before being able to apply for a restricted license, 150 days of restricted driving, and as many as 360 community service hours. In a Super Drunk case, there is no driving for 45 days and a restriction period of 320 days.
During the Super Drunk restricted driving period, a person charged is required to have an ignition interlock device installed for the entire 320 days. This device requires a person to provide breath samples when starting their vehicle and during intervals in which the vehicle is being operated. If restrictions are violated of the interlock registers 0.025% or higher, a person will receive another equivalent license penalty of a 45 day suspension and 320 day ignition interlock restriction. If caught driving without your interlock device after placement on Super Drunk restrictions, SD law required the impoundment of the vehicle you are found operating.
Another heightened facet of the Super Drunk law is the associated fine. Conventional drunk driving fines are anywhere from $100-$500, but SD fines are higher- from $200-$700. Someone convicted of SD driving must also receive mandatory alcohol treatment for at least one year.
Not only will a conviction under this new legislation compromise your driving privileges and possibly your current or future employment, but it will also create a criminal record for you.
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