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Michigan's NEW (SUPER DRUNK) Drunk Driving Law
Effective October 31, 2010, the Michigan Motor Vehicle Code will be amended to add a new definition of drunk driving applicable to drivers with a bodily alcohol content (BAC) of .17 or more grams of alcohol in their body. Drivers convicted under this new definition will be subject to enhanced punitive and license sanctions and will also be required to undergo one year of alcohol treatment. The enhanced punitive and license sanctions will apply only to first time high BAC offenders. Second and subsequent offense license and punitive sanctions will remain unchanged regardless of the driver’s BAC. The reason for this is that current overall punishment for repeat offenders is still greater than that established for super drunks.
Another change that will apply to both repeat offenders and first time high BAC drivers is a one year alcohol rehabilitation requirement. Under the new law, however, alcohol rehabilitation will not be mandatory for the traditional first offense drunk driving.
One harsh reality of the high BAC offense under the new law will be that the Secretary of State will suspend driving privileges for one year. The offender will not be able to drive for the first 45 days, however, during the remaining 320 days the driver is entitled to restricted driving privileges but only if he or she pays to have an alcohol breath interlock device installed in his or her car during the period of suspension.
The penalties for a high BAC drunk driver will also be increased. This will include a higher potential fine of not less than $200.00 or more than $700.00 and an increase in potential jail time from not more than 93 days to not more than 180 days.
The new law will also make drunk driving far more expensive because it is the driver’s responsibility to install a the breath interlock as well as the monthly fees required to maintain it. The statute also provides that repeat drunk driving offenders who have had their drivers license revoked and received their restricted license requiring a breath interlock device must use an interlock device for not less than one year. And if a person is required to use an interlock, a conviction for operating a car not equipped with one requires immobilization of the car from 90 to 100 days. The bottom line on this new law will be that the law is more complicated and it will be more important than ever for people charged with driving with a high BAC to retain the services of a competent drunk driving attorney. Whether you are charged in Kent County, Ottawa County, Allegan County, Barry County or Newaygo County, the Law Firm of Gerald R. Stahl represents people in drunk driving and driving while license suspended.
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