New "Super Drunk" Law
Beginning October 31, 2010, there is a new law in Michigan regarding drunk driving. This law, passed as 2008 Act 463, imposes strict penalties for having higher bodily alcohol content (BAC) while driving. If your BAC is 0.17 or higher while driving, and you are pulled over and convicted, you are guilty of a misdemeanor. This new law is commonly referred to as "Super-Drunk", and the misdemeanor that follows calls for higher penalties. It is punishable by imprisonment for up to 180 days, a fine between $200 and $700, and community service of up to 360 hours. It is an increased penalty from the normal Operating While Intoxicated (OWI) penalty (BAC of .08 or higher), which calls for imprisonment of up to only 93 days, and a fine between $100 and $500.
In addition to the increased fines and costs for this violation, the court will automatically order vehicle immobilization. This means the court can use any available technology that locks the ignition, wheels, or steering of the vehicle or otherwise prevents any person from operating the vehicle (MCL 257.904e). The court may also order storage of your vehicle. In addition, you are also responsible for the costs associated with the storing and locking of your vehicle. Furthermore, the secretary of state will immediately suspend your driver's license for one year. You will not be allowed to drive at all for the first 45 days, and for the rest of the year, your driving privileges will be restricted.
The "Super-Drunk" law calls for a very high level of restriction of your driver's license. If you are convicted, you will be required to have a Breath Alcohol Ignition Interlock Device (BAIID) installed on your vehicle. This device requires you to blow into a tube before the car will start. If the BAIID detects a BAC of 0.025 or higher, the car will not start. Once your car is started, the BAIID requires you to blow again within 5 to 15 minutes of driving. This is to ensure that you did not have another person blow into the device for you, before you started your vehicle. Typically, if the trip is long enough, the BAIID will require you to test again about twice every hour. If you operate or attempt to operate your vehicle with a BAC of 0.025 or higher, the penalties associated with your license will automatically be doubled. This means that your license will now be suspended for an additional year as described above. The BAIID device records all readings of each blow, and the monitoring agency will receive these reports of your BAC.
In addition to these higher fines and sanctions, the court will order you to participate in a mandatory alcohol treatment program for one full year. This goal of this new legislation is to crack down hard on drunk driving. If you feel you have had too much to drink, don't take any chances.