As of October, 2010, the Michigan Superdrunk Driving law has gone into effect. In fact, we have already represented numerous clients on Superdrunk Driving charges. We are superdrunk driving lawyers who know how to win these cases.
HOW ONE IS A SUPER DRUNK DRIVER
As superdrunk driving attorneys, we understand that to be a super-drunk driver in Michigan, you first have to be in a situation where it is alleged that you were driving with a blood alcohol level of a .017 or higher. Second, you must either plead guilty or be convicted of MCL 257.625(1)(c), which simply means that a jury or judge convicts you at trial of driving while intoxicated or having an unlawful blood alcohol level. However, in order for super-drunk driving status to kick in, the People must prove that your blood alcohol level at the time of the driving was a 0.017 or higher.
PENALTIES FOR BEING A SUPER DRUNK DRIVER
Being found to be a superdrunk driver dramatically increases the punishments available from a normal drunk driving owi conviction. For instance, if you are in the superdrunk driver category, the maximum punishment is increased from a possible 93 day jail sentence to a potential sentence of 180 days incarceration. MCL 257.625(9)(a)(iii) Additionally, any superdrunk driver will be forced to participate in a year-long alcohol treatment as part of their sentence. MCL 257.625b(5) Further, the penalties don’t end there, a superdrunk driving conviction will result in an automatic license suspension of 45 days, which means no driving at all, then a restricted license for the remainder of an entire year. MCL 257.319(8)(g) Finally, in the event superdrunk status is given to your conviction, if you do want to drive, you have to install an interlock device on your vehicle. MCL 257.319(8)(i) An interlock device is a machine that you have to blow into which monitors whether you have alcohol on your breath while you are operating your vehicle. It is extremely important to note that if you get an interlock device and test positive for alcohol with the device, there are major criminal sanctions, including possible additional misdemeanor charges.
Here are the superdrunk driving penalties in a nutshell:
- A possible 180 jail sentence
- A one year alcohol treatment program
- A 45 day license suspension
- A one year restricted driver license
- An alcohol interlock device in your vehicle
DEFENSES TO SUPERDRUNK DRIVING
Although the Superdrunk driving law is new, we have already dealt with numerous cases involving the law. There are numerous different types of defenses available to fight these charges. First, pleas to other charges, such as operating while visibly impaired, as well as other parts of the drunk driving statute, if done correctly, will result in a sentence which does not include the extremely harsh provisions of the superdrunk driving law. Second, just because a blood or breath test indicates your blood alcohol level is a 0.017 or higher does not mean that this is accurate. We know from extensive experience with our toxicology experts, as well as with or frequent cross-examining of the state experts, that alcohol tests are not nearly as accurate at higher blood alcohol levels. Combine that with the inherent problems with Datamaster and blood testing, and you have a good chance to beat the superdrunk driving portion of your charge.
If you have been charged with a superdrunk driving case in Michigan, call us or email us today. Our attorneys believe in what they do and they believe in your innocence. We are industry recognized leaders in criminal representation and we fight to win.