LEGAL GUIDE
Written by attorney Cy M. Abdo | Sep 16, 2010

Michigan Super Drunk Law Attorney Guide - High Blood Alcohol Drinking Driving/OWI Cases.

You probably are not aware, but effective October 31, 2010, Michigan will have a new law designed to provide harsher penalties for those arrested for drunk driving (OWI, DUI) with high blood alcohol levels of .17% or greater. This new law has been unofficially called the "SUPER DRUNK" law. This new law will add greater penalties to drunk drivers with high blood alcohol levels of .17% or greater. The legal limit for operating while intoxicated (OWI) of .08% will remain the same. In addition, a law enforcement officer may charge a person for operating while impaired if that person is below a .08% under certain circumstances pursuant to existing law.

However, high blood alcohol cases will mean greater penalties as follows: -Hard suspension of license for first 45 days (no driving) and restricted with the requirement of ignition interlock for the remaining 320 days. Individuals who violate their restrictions will obtain another license penalty equal to the above; another 45 days hard suspension and another 320 days on ignition interlock. -Fine of not less than $200.00 or more than $700.00. -Up to 180 days in Jail. -Mandatory 1 year of alcohol/substance abuse rehabilitation. The requirement of mandatory 1 year rehabilitation will also apply to repeat offenders who operate a vehicle while intoxicated or impaired regardless of blood alcohol level!

Prior to October 31, 2010, there is no requirement of mandatory substance abuse treatment for repeat offenders. The ignition interlock device requires a person to provide breath samples when the vehicle is started and during various periods while the vehicle is operated. The new laws require vehicle impoundment when a person is caught driving without the interlock device after being placed on restrictions.

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