Michigan Super Drunk Laws

It's scary if you've been charged with operating a vehicle while impaired or an OWI. It is particularly problematic when the prosecutor believes you have a high blood alcohol concentration.

Michigan’s unique law harshly punishes a first-time DUI with a high BAC. If convicted, you face fines, jail time, community service, losing your driver’s license, higher car insurance rates, and other consequences. Even a misdemeanor DUI can significantly impact your future, which is why you need help fighting these charges.

The best thing you can do for yourself is to call a (313) 818-3238 for help. You need someone to fight your case on two fronts: the administrative driver’s license suspension and the criminal DUI charges. A DUI defense lawyer can help you win good outcomes in both situations.

Michigan Super Drunk OWI Law

In 2010, Michigan passed a law that created harsher penalties for people charged with a DUI with a high BAC. It is called the High Alcohol Enhanced Penalty Law. If a breath or blood test determines you had a BAC of 0.17 or greater, you face a “Super DUI.” That is more than twice the legal limit, which is 0.8.

The Super Drunk OWI law applies to first-time DUIs only. A first DUI means you have not had a previous DUI conviction within the past seven years. Any older DUIs do not count for this offense. If you have a prior OWI conviction within the last seven years, you will face a second OWI offense, which comes with harsher penalties.

Penalties for a Super DUI

If you are charged with a first-time OWI with a BAC of 0.17 or higher, the consequences include:

Up to a $700 fine
$1,000 penalty for two consecutive years
Up to 180 days in jail
Up to 360 hours of community service
Up to a one-year license suspension
Six driver’s license points
An alcohol treatment program
Ignition interlock device

After 45 days of a license suspension, you can apply for a restricted license. If the court grants it, you must pay to install an IID on any vehicle you drive. When and where you can go will be limited. You have to pay for the installation, maintenance, and eventual removal of the IID.

Judicial Discretion

In Michigan, judges decide your sentence if you are convicted. They have the right to determine what sort of penalty is reasonable for your conviction. That means it is even more critical that you have a lawyer help you. A DUI attorney can offer a strong defense and give the judge a good reason to hand down a lenient sentence.

Administrative Driver’s License Suspension

You could lose your driver’s license right away after an OWI arrest. If you refuse a breath test for the first time, you face an automatic one-year suspension and six points on your driver’s license.

If you want to challenge the administrative license suspension, you only have 14 days to request an administrative hearing. That is why you must call a Detroit DUI lawyer immediately. We ask for an administrative hearing right away while preparing to fight your OWI charge in court.

Defending Against Michigan OWI

When you face charges for a first-time OWI with a higher BAC, call a DUI lawyer in Detroit right away. We can explain the law, how it applies to your situation, and the potential punishment. We will also talk about what we can do to help.

No OWI case is hopeless. There is a lot we can do to either beat the charges or get a lighter sentence. We will thoroughly investigate your case with a particular focus on the police officer’s actions.

Depending on what the officers in your case did, we may have a reason to argue that:

Police did not have reasonable cause to stop or arrest you

They operated an illegal DUI checkpoint

They violated your constitutional rights

They improperly administered a roadside breath test

They improperly administered and graded field sobriety tests

They did not Mirandize you at the time of your arrest

They failed to follow proper procedure when arresting you or collecting evidence

We also take a close look at the DUI test that showed you had a high BAC. We want to know what machine was used, its calibration and maintenance history, the qualifications of the person who performed the test, and whether the administrator followed the required procedures. We may find evidence that the breath, blood, or urine test results were inaccurate.

With a strong defense strategy, we may get your OWI charge dismissed or reduced. If the charges move forward, we can fight for an acquittal at trial or pursue a plea bargain or lenient sentence.