Legal Guide

States that have "Super Drunk" DUI laws

The super drunk laws are also known as the High alcohol enhanced penalty law which first came into effect in the state of Michigan to address a certain class of driving under the influence (DUI) offenders.

The law specially addresses those with very high levels of alcohol in the system. These set of individuals have high BAC(blood-alcohol content) readings in a breathe testing device.  The super DUI law is also called the Michigan super drunk OWL law imposes severe penalties to offenders with high BAC readings.

Any BAC reading above 0.17 is considered to be high and penalties for driving under such conditions could be twice as severe. If you have been hit with a DUI law, regardless of the BAC reading, it’s best that you contact a reliable DUI defense attorney in the person of Patrick O'Keefe.

Understanding the Super Drunk Law

The super drunk law is only applicable to first-time offenders who have no prior DUI records within the last seven years. Second-time offenders are treated according to a second DUI offense irrespective of the BAC reading.

The limit reading for BAC in Michigan is set at 0.08 percent. So if you are pulled over and charged with a super drunk DUI law the officer in charge believes you must have been driving more than two times the legal limit which ideally will represent a very high level of alcohol in the person’s system.

According to scientific investigation, one unit of alcohol has the potential to increase the alcohol content of an averagely sized individual by 0.025 percent. Subsequently, a 0.17 BAC reading will roughly represent about 6 to 8 alcoholic beverages in a person’s system.

Severe Penalties Associated with the super Drunk DUI law

As stated in the penalties section of the super DUI laws the punishments are twice as severe as those of regular OWI offenses. The criminal charges you will face by having a BAC reading above 0.17 include but not limited to any of the following:

  • Maximum jail confinement of up to 180 days
  • Driver’s license suspension of up to 45 days
  • Restricted driving privileges after the suspension period is over
  • Six points loss in the driver’s license record
  • Monetary fines of up to $700
  • Court proceeding cost of up to $1000
  • Accident clean-up cost of up to $600
  • Installation of an ignition interlocking device for up to 320 days
  • A mandatory alcohol treatment program

The restricted license period

The restricted license driving period kicks in after the 45-day driver’s license suspension has expired.  The restricted period lasts for about 320 days and the offender has to operate a vehicle under a restricted license that requires the installation of a BAIID (Breathe alcohol ignition interlock) device in the vehicle that the offender wants to operate.

Here are some conditions that go follows with the 320 restricted license period:

You may only use a vehicle to travel:

  • To and from school, your workplace, community service or probation
  • To and from your employment place and residence
  • To and from medical treatment facility near you for serious conditions
  • To and from alcohol rehabilitation centers

With a BAIID device installed in your vehicle you must provide a sample of your breath prior to starting the vehicle and at regular intervals although the operation of the vehicle. Once the BAC recorded is above a certain threshold, you won’t be able to operate the vehicle. Of course a lot of people have found dubious ways to bypass this system but be advised that you could be hit with further criminal charges if found out.

Additional Consequences of a super drunk charge conviction

 The consequences and charges of a super drunk Michigan OWL law are quite extensive and far-reaching. For instance, you might be required to pay higher premiums on your car insurance and in other cases you might lose your insurance coverage. Since you are deemed to be of high risk to the insurance company.

Unless you are a low-income earner, you might also be required to pay the full cost of installing a BAIID device and accompanying monthly service on your vehicle. Installation fees can go as high as $50 while monthly fees can be as high as $100.

Contact the right Defense Attorney

No matter the driving law offense you are facing, you need adequate representation by a defense attorney that knows what he/she is doing.  There are very experienced attorneys that can build your case and present you with the best defense possible. Attorneys will fight your case rigorously to ensure that you get the best possible outcome.


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