Michigan DUI Super Drunk Law


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Hi, I’m Patrick Barone of the Barone Defense Firm and I want to talk to you about Michigan’s new Super Drunk law.  Now, it’s important for you to understand that the Super Drunk law basically doubles the penalties for a traditional drunk driving. 

Let’s look at what factors going into the decision as to whether or not you are Super Drunk.  The first one is no prior offenses in the prior seven years.  If you have a prior drunk driving offense in the prior seven years, you’re looking at an enhanced case, which is a lot worse even than a Super Drunk.  If you have no prior’s within seven years and number two, you have a blood or breath test above a .17, and you’re looking at Super Drunk. 

The penalties are a lot worse. What’s the difference?  With the traditional drunk driving, that is no priors within 7 years and the breath and blood test below .17; you’re looking at up to 93 days in jail.  That’s the maximum punishment.  With a Super Drunk you’re looking at up to 180 days in jail.  Roughly double, up to 180 days in jail with a Super Drunk.  In addition to that, you’re looking at with a traditional drunk driving is 30 days no driving followed by a 150 days of restricted driving, these are automatic ok?  With a Super Drunk you’re looking at 45 days of no driving.  No driving at all for 45 days followed by 320 days of restricted driving privileges.  But, unlike a traditional drunk driving with a Super Drunk driving you have to have an ignition interlock device on your car for that entire 320 day period.  That’s expensive.

In addition to the punishment, the jail time, and the driver’s license sanction, the fines and cost are also greater.  The fines and costs for a traditional drunk driving is $100-$500.  With a Super Drunk it’s $200-$700.  You’re looking at more expenses there, on top of everything else; with a Super Drunk driving you’re looking at a requirement for a minimum of 1 year period of alcohol treatment.

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