Super Drunk, Ignition Interlock Device/BAIID
Most of Michigan’s alcohol and drug related crimes result in license action by the Michigan Secretary of State. When license action is taken, the Michigan Secretary of State will restrict, suspend or revoke the offender’s license. Most first offenders will be entitled to a restricted license as described below. However, Super Drunk (High BAC .17% or more) convictions necessitate a lengthy suspension and operation of a vehicle is not allowed without an ignition interlock device. Repeat offenders and those who commit felony driving offenses (OWI causing death or injury) face *indefinite license revocation. Those under an indefinite revocation will want to consult with experienced driver license restoration attorneys to regain driving privileges.
The following is a list of various Michigan alcohol and drug crimes along with license action that is required upon conviction.
|Michigan Alcohol, Felony or Drug Crime||License Action|
|OWI/Impaired Causing Death||*Indefinite revocation|
|OWI/Impaired Causing Serious Injury||*Indefinite revocation|
|1st Offense OWI or OWPD||30 days suspended, 150 days restricted|
|2 OWI/Impaired in 7 year period||*Indefinite revocation|
|3 OWI/Impaired in 10 year period||*Indefinite revocation|
|Child Endangerment w/child u/age 16||90 days suspended, 90 days restricted|
|Super Drunk (High BAC .17% or greater)||45 days suspended, 320 days restricted w/BAIID|
|Impaired Driving (OWVI)||90 days restricted|
|Zero Tolerance, Under 21 w/.02% - .07%||30 days restricted|
|1st Offense Possession Drugs/Marijuana||30 days suspended, 150 days restricted|
|2nd Offense Possession Drugs/Marijuana||60 days suspended, 305 days restricted|
|1st Offense Minor in Possession of Alcohol||No action|
|2nd Offense Minor in Possession of Alcohol||30 days suspended, 160 restricted|
|Fleeing & Eluding 1st or 2nd Degree||*Indefinite revocation|
|Fleeing & Eluding 3rd or 4th Degree||1 year suspension|
|Joyriding||90 day suspension|
|UDAA||1 year suspension|
*Indefinite revocations: Indefinite revocations are for a minimum period of one (1) year before a person is entitled to a hearing before the Driver Appeal and Assessment Division to obtain driving privileges. Additional periods of revocation are imposed when a person obtains other tickets while driving on a suspended or revoked license. The person requesting a license will be required to meet the strict burden of proof at the Driver Appeal and Assessment Division hearing before any driving privileges will be restored.
Drug crimes dispositions pursuant to MCL 333.7411 do not carry any license suspension.Allowable Restrictions
Whenever someone is eligible for a restricted license after being convicted of a Michigan alcohol or drug crime, driving is limited to:
- To and from residence and employment, and during employment
- To and from alcohol or drug education or treatment program
- To and from regularly scheduled treatment for serious medical condition
- To and from probation, community service and school
Harsh licenses sanctions are mandatory for those convicted of a “Super Drunk” (High BAC .17% or greater) offense. Initially, a hard suspension (no driving whatsoever) is imposed for the first 45 days. Then, the person may operate a vehicle for a period of 320 days, on a restricted basis (see above for allowable restrictions), which is equipped with a Breath Alcohol Ignition Interlock Device (BAIID). Click here for frequently asked BAIID questions.The Breath Alcohol Ignition Interlock Device
A BAIID is a device that analyzes alcohol vapor which is expelled from the lungs. The device is connect to a vehicle and has an internal memory which is periodically downloaded by the installer. The BAIID measures the vehicle operator’s bodily alcohol content [BAC] and prevents (locks-out) the vehicle from starting if the BAC result is .025 or higher. Random retests are also required while the vehicle is in operation.
BAIID test failures, tampering, or other BAIID-related violations will result in an extension of the time before the driver can ask for another driver license appeal hearing, or may require that the original license revocation/denial be reinstated.Defending BAIID Violations
Contact ABDO LAW if you receive any unfounded notification regarding a BAIID device problem. We have successfully defended clients under circumstances that involve equipment failure, battery problems, cold weather related issues and other BAIID violations. Use of cold medicine or mouthwash which contains alcohol is not considered to be a good excuse and should be avoided. In every BAIID violation case, we ask for the names of witnesses (spouse, passenger, employer) that can testify as to sobriety during the time frame (before and after) of an alleged violation. Maintaining vehicle service records (dealership invoices, electrical service, battery replacement, towing records) can also be helpful in defending someone accused of a BAIID violation.Getting Criminal Charges and Drunk Driving Cases Reduced, Dismissed
Compare the license action mandated upon conviction of Super Drunk Driving versus that for the lower offense of Impaired Driving.
ABDO LAW makes many references within our website about getting criminal charges dismissed or reduced. There are several legal benefits when we can negotiate a plea bargain to a lower offense. When it comes to reducing a driving under the influence offense, court penalties, along with mandatory Secretary of State sanctions, are usually lowered as well. Harsh license sanctions are just one benefit that is immediately measurable when we are able to get favorable plea bargains for clients charged with driving under the influence. In exceptional cases, we have avoided the stigma of a criminal drunk driving conviction and license sanctions altogether by getting the matter amended to a non-criminal offense. License suspension is also avoided when we can petition the court to impose sentencing pursuant to MCL 333.7411 for drug crimes.
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