Michigan's New "Super Drunk" Driving Laws Offer Enhanced Penalties
Michigan has always been tough on drunk drivers, but those pulled over for drinking and driving in the past few months have faced even more significant penalties.

January 05, 2011 /24-7PressRelease/ -- Michigan has always been tough on drunk drivers, but those pulled over for drinking and driving in the past few months have faced even more significant penalties. Beginning October 31, 2010, drivers with a blood alcohol content (BAC) level above 0.17 have been subject to Michigan's new "High Alcohol Enhanced Penalty Law," more commonly known as the super drunk driving law. According to a 2009 report, more than one-third of drivers in Michigan arrested for Operating While Intoxicated (OWI) have a BAC level above 0.17.

Drivers convicted under the super drunk driving law face enhanced penalties, which may be twice as severe as the penalties for typical OWI offenses in Michigan. These penalties may include up to 180 days in jail and between $200 and $700 in fines, as well as a one-year driver's license suspension and mandatory alcohol treatment.

Although drivers convicted under the Super Drunk law may be eligible for restricted driving privileges after 45 days, anyone seeking these privileges will be required to install an ignition interlock device in his or her vehicle. The driver is responsible for the costs associated with the installation and maintenance of these devices. To have the device installed it costs about $50, and the monthly maintenance fees can run up to $100.

Supporters of the new law hope that harsher penalties will keep impaired drivers off of the roads. Additionally, many believed that it was unfair to similarly categorize all drivers under the influence of alcohol -- presumably, those driving with higher BAC levels pose a bigger threat to others on the road, and therefore should be punished more harshly.

However, it is not clear that the new laws will have the intended effect. Michigan already has harsh penalties for drunk drivers, and it seems unlikely that many people are considering the specific penalties when deciding whether to drive after drinking.

As the law has only been in effect for a few months, the early cases are just now trickling through the court system. At this point, there is little case law interpreting the statute and it is difficult to predict how the courts will respond to particular challenges.

However, as with all OWI cases, it is important to understand that being stopped for drunk driving is not the same as being convicted of drunk driving. Those who have been accused of drunk driving can always challenge the allegations and take steps to mitigate the consequences.

A skilled attorney will investigate the legality of the underlying traffic stop and the validity of field sobriety tests, as appropriate. The machines used to calculate an individual's BAC may not be properly calibrated, leading to inaccurate readings. All of the circumstances surrounding the stop must be considered when defending against allegations of drunk driving.

For more information regarding the super drunk laws or to discuss the charges you are facing, speak with a knowledgeable criminal defense lawyer in Michigan.

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