The ‘Super Drunk Law’
Back in 2010, Michigan adopted a new drinking and driving law referred to as the “super drunk” law. The law states that if you were caught drinking and driving and your blood alcohol level was that of 0.17 or higher, you can be written a citation for super drunk. The punishment can be much harsher than that of the DUI/OWI charge. The penalty for being convicted of the super drunk law is up to 180 days imprisonment as opposed to the DUI/OWI penalty of 93 days.
Recently Gov. Rick Snyder signed new legislation that would now allow local municipalities to enforce the super drunk law. Before this legislation took effect, police officers were not allowed to write citations for the super drunk law under their local ordinances because the city attorneys did not have the authority to prosecute such offenses where the punishment exceeded 93 days of incarceration. These types of cases would have to be written under state law.
Now with the city attorney having the ability to handle super drunk cases, the cases could proceed much quicker. A portion of the fines collected would be given back to the municipality in which the offense took place. In some cases, if a person under investigation for Superdrunk 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 that county and state prosecutors.
Defenses to Superdrunk Driving in Michigan
It takes years of specialized training and experience, to be able to provide an exceptional defense in Michigan Superdrunk Driving cases. Even lawyers with this expertise rarely provide an adequate defense because they are afraid or unwilling to do what is necessary to successfully fight for their clients. Defenses to these cases can be factual, constitutional, scientific, medical, and legal. Each area of defense must be explored thoroughly to make sure that the client’s bargaining power is maximized and the government’s bargaining power is minimized.
Superdrunk Driving Defense Lawyers in Southeastern Michigan
If you are charged with the super drunk offense, fill out a Request for Information Form or call LEWIS & DICKSTEIN, P.L.L.C. at (248) 263-6800. The Defense Team 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 friendly evidence and we have extensive experience and a track record of success in 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 as effective trial lawyers.
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
- Points 6
- CPL Rights Lost for 3 years