Michigan’s Super Drunk Driving Law

Michigan’s Super Drunk Driving Law, High Blood Alcohol Content

Effective October, 31, 2010, Michigan's super drunk law was adopted. This new law punishes and adds greater penalties to drunk drivers with elevated blood alcohol content (BAC) of .17% or greater. ABDO LAW attorneys are criminal law and drunk driving specialists and we are ready to provide you with a realistic assessment of your case.

Let our attorneys provide you with a solid legal defense and answers to your most pressing questions:

  • Is jail likely?
  • Can the charge be dismissed or reduced to a lesser offense?
  • What are the likely consequences or sentence?
  • Can I travel out of state while on probation?
  • Will the insurance company will find out about this offense?
  • What are the consequences for refusing the breath test or other test?
  • What if this is a repeat offense?
  • Are extremely old drunk driving offenses still on the record?
  • What impact do DUI offenses which occurred out of state have on my record?
  • Is an interlock required if convicted of Super Drunk Driving?
  • What impact does a drinking and driving offense have on a CPL?
Prosecutor’s Policy Precludes Plea Bargaining in Super Drunk Cases

Most prosecuting attorneys have adopted strong policy against plea bargaining when someone is charged with Super Drunk Driving. In addition, Mothers Against Drunk Driving (MADD) is well known as a major public interest group that keeps statistics and lobbies for harsh drunk driving penalties and jail time.

Even if think your case is hopeless, ABDO LAW has a winning record of getting Super Drunk Driving cases reduced by taking proactive measures. In our Macomb County Courts, a process known as a deviation request is necessary to seek a plea bargain when there is policy against it. When seeking a deviation request, we may ask our clients to obtain an independent substance abuse evaluation and/or attend AA meetings.

Penalties: Super Drunk, Operating a Vehicle with a High BAC .17%
License SanctionsHard suspension for the first 45 days (no driving), followed by 320 day restricted license with ignition
Maximum Jail180 days
Maximum Fine$200.00 to $700.00
Court CostsApproximately $500.00 to $1,000.00
Police Response/Arrest$300.00 to $600.00, or more for accident cleanup
Community ServiceUp to 360 hours
Vehicle ImmobilizationDiscretionary
ProbationUp to 2 years
Substance Abuse ProgramMandatory, possible AA meetings
Driver Responsibility Fee$1000 per year for 2 years
Points6
Super Drunk: Restricted License with Ignition Interlock Device for 320 Days

The Secretary of State will suspend driving privileges for 45 (no driving) once a Super Drunk Driving conviction is abstracted on a driver’s record. After 45 days, the person is eligible for a restricted license and can only operate a vehicle with a Breath Alcohol Ignition Interlock Device [BAIID] on any vehicle he or she owns or intends to operate. The restricted license is limited to operating a vehicle for the following purposes:

  • 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

The ignition interlock device requires a person to provide breath samples when the vehicle is started and during intervals while the vehicle is being operated. Individuals who violate their restrictions or register .025% or higher on the ignition interlock, will obtain another license penalty equal to the above; another 45 days hard suspension and another 320 days restricted on ignition interlock. The new laws requires vehicle impoundment, even if the vehicle is owned by someone else, when a person is caught driving without the interlock device after being placed on Super Drunk restrictions.

Contact ABDO LAW – 844-Got-Abdo
Cy & Matt are truly top notch attorneys. They are straightforward and honest. They kept my son and I informed of the entire process from step 1 right through to the end. They worked hard to deliver the results we were working for. Not only did they provide us with their legal services but they helped to coach my son through a tough time in his life. Their reputation at the courthouse spoke volumes in our case and all of their hard work was greatly appreciated. I would highly recommend their services.

ABDO LAW provides immediate and aggressive legal services to anyone facing a Super Drunk charge in Macomb, Oakland, St. Clair or Wayne County. We have been able to avoid a Super Drunk conviction for many clients who have had a BAC in excess of 17%.

Our firm’s opinion was profiled by the Source Newspapers in their press release with respect to Michigan’s Super Drunk Law on October 22, 2010.

Contact ABDO LAW if you are charged with any misdemeanor or felony Michigan drinking and driving offense, Super Drunk or driving under the influence of drugs.

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Call the ABDO LAW FIRM 24 Hours Phone: 586-412-5555
Toll Free: 844-Got-Abdo

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