What Is Considered Super Drunk in Michigan?
Drinking and driving is a dangerous and illegal activity that puts not only the driver but also innocent lives at risk. To combat this issue, every state in the United States has implemented strict laws and penalties for driving under the influence (DUI). In Michigan, one of the specific DUI charges is known as “super drunk.” This term refers to a higher level of intoxication that carries more severe consequences compared to regular DUI offenses. In this article, we will explore what is considered super drunk in Michigan and answer some frequently asked questions about this charge.
Super Drunk Law in Michigan:
In 2010, Michigan enacted a law to target drivers with a high blood alcohol content (BAC) level, resulting in the term “super drunk.” According to Michigan’s super drunk law, a person is considered super drunk if their BAC is 0.17 or higher. This is more than twice the legal limit of 0.08 BAC that applies to regular DUI offenses.
Consequences of Super Drunk Conviction:
Being convicted of super drunk in Michigan carries more severe penalties compared to a regular DUI offense. Here are the potential consequences:
1. Jail Time: A first-time super drunk offense can result in up to 180 days in jail. This is significantly higher compared to the maximum of 93 days for a regular DUI offense.
2. Fines: Super drunk convictions come with increased fines. A first-time offender may face fines up to $700, while subsequent convictions can result in fines up to $1,000.
3. License Suspension: A super drunk conviction leads to a mandatory license suspension for a minimum of 45 days. After the suspension period, the offender may be required to use an ignition interlock device (breathalyzer) in their vehicle for at least one year.
4. Probation: In addition to other penalties, a super drunk conviction may result in probation for up to two years. During this time, the offender will be required to comply with certain conditions set by the court.
FAQs about Super Drunk in Michigan:
Q: Can I refuse a breathalyzer test if I’m suspected of being super drunk?
A: Refusing a breathalyzer test in Michigan can have serious consequences. Under the implied consent law, refusing a chemical test can result in an automatic one-year driver’s license suspension.
Q: What if I have a prior DUI conviction, and I’m charged with super drunk?
A: If you have a prior DUI conviction within the past seven years and are charged with super drunk, the penalties will be even more severe. The fines and potential jail time will increase, and your driving privileges may be revoked.
Q: Can I plea bargain a super drunk charge to a regular DUI offense?
A: Plea bargains are sometimes possible, depending on the circumstances of your case and the discretion of the prosecutor. However, super drunk charges are generally taken seriously, and plea bargains may be more challenging to obtain.
Q: Can I hire an attorney to help with my super drunk case?
A: Yes, it is highly recommended to hire an experienced DUI attorney if you are facing a super drunk charge. They can guide you through the legal process, build a strong defense, and potentially reduce the severity of the penalties you may face.
Q: Can I expunge a super drunk conviction from my record?
A: Unfortunately, super drunk convictions cannot be expunged in Michigan. Once convicted, it will remain on your record permanently.
Conclusion:
Driving under the influence is a grave offense that endangers lives and carries harsh consequences. In Michigan, being considered super drunk, with a BAC level of 0.17 or higher, results in more severe penalties than a regular DUI offense. It is crucial to understand the legal limit and the potential consequences of driving while intoxicated. Remember, it is always safer to find alternate means of transportation if you have been drinking.