Super Drunk Law: Understanding The High Bac Threshold

what bac applies to super drunk law

In the state of Michigan, a blood alcohol content (BAC) of 0.08% is the legal limit. However, the state's super drunk law imposes harsher penalties for those caught driving with a BAC of 0.17% or higher. This law, which came into effect in 2010, aims to curb instances of drunk driving and reduce the severity of accidents caused by drivers with exceptionally high BAC levels. The super drunk designation results in enhanced penalties, including increased jail time, higher fines, and longer license suspensions, even for first-time offenders.

Characteristics Values
Location Michigan
Legal Limit 0.08
Super Drunk Limit 0.17
Applicable Cases First offense drunk driving
Jail Time Up to 180 days
Fines $200-$700
Court Costs $500-$1,000
Community Service Up to 360 hours
Driver's License Suspension 45 days
Restricted License 320 days
Points on Driving Record 6
Ignition Interlock Device Required
Alcohol Treatment Up to 1 year

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A BAC of 0.17% or higher is considered super drunk in Michigan

In Michigan, a blood alcohol content (BAC) of 0.17% or higher is considered "super drunk" and results in enhanced penalties for drunk driving. This limit is more than twice Michigan's legal BAC limit of 0.08%.

The "super drunk" law in Michigan, which came into effect in 2010, is designed to curb instances of drunk driving and reduce the severity of accidents caused by drivers with exceptionally high BAC levels. The law applies only to first-time drunk driving offences, with penalties for second or subsequent offences remaining unchanged and often more punitive.

If an individual is convicted of a "super drunk" offence in Michigan, they may face a range of penalties, including:

  • A maximum jail sentence of 180 days, nearly twice as long as a "traditional" or non-super drunk driving first offence.
  • Fines ranging from $200 to $700, which is higher than the fines for a traditional first offence.
  • Court costs ranging from $500 to $1,000.
  • A maximum of 360 hours of community service.
  • Mandatory attendance at an alcohol rehabilitation program for up to a year.
  • Driver's license suspension for one year, including a hard suspension for the first 45 days, followed by restricted driving privileges for the remaining 320 days.
  • Installation of an ignition interlock device in their vehicle for a minimum period.
  • Six points added to their driving record.

The "super drunk" law carries dramatically increased fines and jail time for both first-time and repeat offenders. For individuals with a prior conviction within the past seven years, the penalties are even harsher than for a regular "super drunk" conviction.

It is important to note that "super drunk" charges only apply to individuals who haven't had any prior drunk driving offences in the past seven years. Individuals with prior offences within this timeframe are charged as second or repeat offenders, regardless of their BAC levels.

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A super drunk offence only applies to first-time offenders

In the state of Michigan, a super drunk offence only applies to first-time offenders. The state's super drunk law, which came into effect in 2010, states that anyone caught with a blood alcohol content (BAC) of 0.17 or higher will be considered "super drunk", leading to enhanced penalties.

These penalties include up to 180 days in jail, fines ranging from $200 to $700, court costs of $500 to $1,000, up to 360 hours of community service, and a mandatory alcohol rehabilitation program for a year. Offenders will also face driver's license sanctions, including a 45-day suspension of driving privileges, followed by 320 days of restricted driving with an ignition interlock device installed in their vehicle.

It is important to note that the super drunk law only applies if there has been no prior offence in the preceding seven years. If an individual has a prior conviction within the past seven years, they will be charged as a second or repeat offender, regardless of their BAC levels.

While a super drunk offence only applies to first-time offenders, it is crucial to understand that DUI laws and penalties can vary from state to state. Each state may have different definitions, penalties, and programmes for first-time DUI offenders. Therefore, it is always advisable to consult with an experienced DUI attorney to understand the specific laws and consequences in your state.

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Penalties for a super drunk conviction include up to 180 days in jail

In Michigan, a person convicted of a "super drunk" driving offence can face up to 180 days in jail. This is nearly twice as long as the sentence for a "traditional" or non-super drunk driving first offence, which carries a sentence of up to 93 days in jail.

The "super drunk" law in Michigan applies to those caught driving with a BAC (blood alcohol content) of 0.17 or higher. This is more than twice the state's legal limit of 0.08.

The "super drunk" law creates an enhanced OWI (operating while intoxicated) offence, which results in harsher penalties than a standard DUI (driving under the influence). These penalties include more jail time, longer probation, higher fines, and a longer period of driving suspension.

For a "super drunk" conviction, the fine ranges from $200 to $700. This is higher than the fine for a traditional first offence OWI in Michigan, which is punishable by a $100 to $500 fine.

In addition to the fine, those convicted of a "super drunk" offence will also have to pay court costs, which can range from $500 to $1,000.

The "super drunk" law also imposes a driver's licence suspension for one full year. The first 45 days of this suspension is a "hard suspension", meaning there are no exceptions to driving. For the remaining 320 days of the suspension, driving is restricted and only allowed for specific purposes, such as travelling to and from work or medical appointments. During this restricted period, the driver must have a Breath Alcohol Ignition Interlock Device (BAIID) installed on their vehicle. If the person is caught driving a vehicle without a BAIID, their vehicle may be immobilised.

A "super drunk" conviction will also result in six points being added to the offender's driving record and possible mandatory alcohol treatment programs for up to a year.

It is important to note that the "super drunk" law in Michigan only applies to first-time drunk driving offences. For second or subsequent offences, the penalties remain unchanged and are often more punitive than for "super drunk" driving, even for repeat offenders with BACs at or above 0.17.

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Fines for a super drunk conviction range from $200 to $700

In the state of Michigan, a person is considered "super drunk" if they are caught driving with a BAC (blood alcohol content) level of 0.17 or higher. This is more than twice the legal limit, which is 0.08. The "super drunk" law in Michigan, which came into effect in 2010, is designed to curb super drunk driving and enhance penalties for those convicted of driving with a high BAC.

In addition to the fine, individuals convicted of a super drunk offense in Michigan face other penalties, including jail time, community service, driver's license suspension, and court costs. The maximum jail sentence for a super drunk conviction is 180 days, and individuals may also be ordered to perform up to 360 hours of community service. Their driver's license will be suspended for one year, with a hard suspension for the first 45 days, followed by restricted driving privileges for the remaining 320 days. Court costs for a super drunk conviction can range from $500 to $1,000.

The penalties for a super drunk conviction are more severe than those for a traditional OWI offense, and they can have a significant impact on an individual's life, including their employment, insurance rates, and ability to drive. It is important for individuals facing super drunk charges in Michigan to consult with an experienced DUI attorney, who can help them navigate the legal process and work towards the best possible outcome.

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A super drunk conviction results in a one-year suspension of driving privileges

In the state of Michigan, a super drunk conviction, or a conviction for driving with a blood alcohol content (BAC) of 0.17% or higher, results in a one-year suspension of driving privileges. This suspension is comprised of two parts: a 45-day "hard suspension", during which no driving is permitted, and a 320-day restricted license period. During the restricted period, individuals are only permitted to drive for essential activities, such as travelling to and from work, medical appointments, or court-ordered community service and alcohol treatment programs.

This suspension is imposed by the Michigan Secretary of State and is independent of any court proceedings or sanctions. This means that, even if the court does not impose a driving ban, the Secretary of State will still suspend an individual's driving privileges for one year upon learning of their conviction.

It is important to note that the one-year suspension is only applicable to first-time drunk driving offences. For repeat offenders, the penalties are typically harsher, and the suspension period may be longer or the license may be revoked entirely.

Frequently asked questions

The super drunk law is a law that applies to individuals with no prior DUI offences in the past seven years. It states that anyone caught with a BAC level or blood alcohol content of 0.17 or higher will be considered "super drunk", leading to increased penalties.

The penalties for a super drunk conviction are more severe than those for a regular DUI conviction. The penalties include up to 180 days in jail, fines ranging from $200 to $700, a one-year suspension of driving privileges, up to 360 hours of community service, and possible attendance at an alcohol rehabilitation program for a year.

A super drunk conviction can have a significant impact on your insurance and employment. Your insurance company may drastically increase your premiums or cancel your policy altogether. Additionally, you may face challenges in finding employment due to the conviction.

If you are charged with a super drunk offence, you have the right to plead guilty as charged, plead guilty to a lesser crime, or file motions and attempt to have your case dismissed without a trial. It is important to consult with an experienced DUI attorney who can help you understand your rights and navigate the legal process.

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