The ‘Super Drunk Law’

Super Drunk Driving convictions result in big money for courts and local communities. With the ability to prosecute High BAC OWI cases locally, police have an extra incentive to charge these offenses. 

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Local Prosecutions for Super Drunk Driving

In 2010, Michigan adopted a new drinking and driving law referred to as the “super drunk” law. The law states that if you drink and drive with a bodily alcohol level of 0.17 or higher, you are “super drunk.” The punishment for Super Drunk Driving, also known as OWI with a High BAC, can be much harsher than an ordinary DUI or OWI charge. The penalty for being convicted of a super drunk misdemeanor is up to 180 days imprisonment. This is almost twice the possible maximum sentence for a first offense OWI or DUI, in Michigan. Although things might seem like there is no hope when facing a High BAC charge, the Defense Team with LEWIS & DICKSTEIN, P.L.L.C. is ready, willing, and able to fight the charge, get it reduced, ensure you avoid jail, and fight for a DISMISSAL when possible. We are not afraid to win!

Michigan’s governor signed legislation allowing local municipalities to enforce the super drunk laws. Before this legislation took effect, police officers were not allowed to write citations for super drunk driving violations under their local ordinances because the city attorneys had no authority to prosecute such offenses where the punishment exceeded 93 days of incarceration. Before this change in the law, a police officer may have been reluctant to charge OWI with a High BAC because the prosecution would be handled by a state prosecutor instead of the local city attorney. If a city or township lawyer prosecutes a misdemeanor, that local municipality gets more of the defendant’s conviction revenue.

Implications of Local Super Drunk Driving Prosecutions

Now, with the city attorney able to handle super drunk cases, the cases can proceed more quickly, and the defense can negotiate for a better outcome. Also, city prosecutors have more flexibility in terms of plea bargains and sentence agreements. A portion of the fines collected goes back to the municipality where the offense occurred. In some cases, if a person under investigation for Super Drunk Driving hires a lawyer on a pre-charge basis before a warrant is issued, the attorney may be able to persuade an officer to submit the case to a city attorney instead of a state prosecutor. Although the charge may be the same, most city and township prosecutors are more reasonable and have more discretion than county and state prosecutors. 

Defenses to Super Drunk Driving in Michigan

It takes years of specialized training and experience to provide an exceptional defense in Michigan Super Drunk Driving cases. Even lawyers with this expertise rarely provide an adequate defense because they are afraid or unwilling to do what is necessary to fight for their clients successfully. Defenses against alcohol and drug-related driving offenses can be factual, constitutional, scientific, medical, and legal. An attorney must thoroughly explore each defense area to maximize the client’s bargaining power and minimize the government’s bargaining power.

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Super Drunk Driving Defense Lawyers in Southeastern Michigan

The Defense Team with LEWIS & DICKSTEIN, P.L.L.C. has decades of experience handling and winning alcohol and drug-related driving felony and misdemeanor offenses. We will do whatever is necessary to explore and make the most out of any defense-oriented evidence. We have extensive experience and a track record of successfully attacking every part of a prosecutor’s case. Even when a compromise resolution is in your best interest, we give you the best chance of an optimal resolution because of our reputation, skill, and influence in courts throughout Southeastern Michigan.

Penalties for Super Drunk, Operating a Vehicle with a High BAC .17

  • License Sanctions for a first conviction include a hard suspension (no license) for the first 45 days, followed by 320-day restricted with BAIID
  • Maximum Jail Term of 180 days
  • Maximum Term of Probation of 2 years
  • Maximum Fine of $700.00
  • Court Costs Approximately $1,000.00 to $1,500.00
  • Police and Prosecution Restitution from $400.00 to $800.00
  • Community Service for up to 360 hours
  • Vehicle Immobilization Discretionary with Judge
  • Substance Abuse Program and Victim’s Impact Panel or Weekend are Mandatory
  • Random Drug/Alcohol Testing 
  • Six Driving Record Points
  • CPL Rights Lost for three years

What to Expect if You Work With LEWIS & DICKSTEIN, P.L.L.C.

If you decide to work with the Defense Team with LEWIS & DICKSTEIN, P.L.L.C., you can expect the highest possible level of service and representation. We use a collaborative and unique team approach that consistently achieves extraordinary results. Here is a sample of what you can expect if you hire our firm to defend you against Super Drunk driving charges under Michigan law:

  • Specialization in OWI/DUI defense
  • Consistently superior success rate in similar cases
  • Experience and knowledge of local laws and court procedures
  • Positive client testimonials and reviews
  • Availability and responsiveness
  • Clear communication and explanation of legal options
  • Strategy for defense and case handling
  • Reputation in the legal community
  • Transparency about fees and costs
  • Compassionate approach and understanding of the client’s situation
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Winning Super Drunk OWI Defense Attorneys – Your Best Defense Starts Here

The lawyers with LEWIS & DICKSTEIN, P.L.L.C. have decades of experience successfully defending clients charged with OWI, DUI, OWPD, OWVI, High BAC, and other alcohol and drug-related driving charges. Our priority is finding a way to get charges dismissed if possible. If an acquittal at trial is possible, our attorneys have extensive trial experience and can give the client their best hope of a “not guilty” verdict. Finally, if a plea bargain is in the client’s best interest, we have the reputation and influence to achieve highly favorable resolutions in terms of reduced charges and avoiding jail time.

Navigating the complexities of Michigan’s Super Drunk Law demands a legal team that is well-versed in the intricacies of OWI defense and deeply committed to securing the best possible outcome for their clients. LEWIS & DICKSTEIN, P.L.L.C.’s approach is tailored, aggressive, and grounded in a profound understanding of the law and the personal stakes involved. We recognize the profound impact that such charges can have on an individual’s life, from professional repercussions to personal distress. That’s why we dedicate ourselves to offering unmatched legal representation, ensuring every client benefits from our comprehensive legal expertise, strategic defense planning, and unwavering commitment to justice. If you’re facing charges under Michigan’s Super Drunk Law, let us be your shield and your strongest advocate, fighting tirelessly to protect your rights, future, and freedom. Call us for a free consultation today.

Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.

We will find a way to help you and, most importantly,
we are not afraid to win!

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