What Is Super Drunk in Michigan?
In the state of Michigan, being charged with drunk driving is a serious offense. However, there is an even more severe charge known as “Super Drunk.” This term refers to individuals who are found to have an exceptionally high blood alcohol concentration (BAC) at the time of their arrest. The consequences for a Super Drunk conviction are significantly harsher compared to a regular DUI (Driving Under the Influence) charge. This article will explore what exactly constitutes a Super Drunk offense, the penalties associated with it, and answer some frequently asked questions about this specific charge.
Definition of Super Drunk:
In Michigan, a person is considered Super Drunk if their BAC is measured at 0.17 or higher. This level is more than double the legal limit of 0.08 for regular DUI charges. A Super Drunk offense can be determined by conducting a breathalyzer, blood, or urine test. It is important to note that even if an individual’s BAC is below 0.17, they can still be charged with a regular DUI if the officer believes they are impaired to the point where they cannot safely operate a vehicle.
Penalties for Super Drunk:
The penalties for a Super Drunk conviction are significantly more severe than those for a regular DUI. Here are some of the potential consequences that individuals may face if found guilty:
1. Jail Time: A first-time Super Drunk offender can face up to 180 days in jail. The minimum jail sentence is typically 45 days, but this can be reduced to 10 if the individual agrees to complete an alcohol treatment program.
2. Fines: The fine for a Super Drunk offense can range from $200 to $700. Additionally, there may be court costs, probation oversight fees, and other associated expenses.
3. License Suspension: A Super Drunk conviction can result in a one-year driver’s license suspension. However, individuals may be eligible for a restricted license after 45 days if they install an ignition interlock device in their vehicle.
4. Probation: In addition to jail time, offenders are typically placed on probation for up to two years. During this period, they are required to complete substance abuse counseling, attend support groups, and avoid any further criminal activity.
5. Vehicle Immobilization: The court may order the immobilization of the offender’s vehicle for a specified period, typically 180 days. This means they will not be able to drive or access their vehicle during this time.
FAQs:
Q: Can I refuse to take a breathalyzer test if I am suspected of Super Drunk driving?
A: Refusing a breathalyzer test in Michigan can result in an automatic one-year driver’s license suspension and six points on your driving record. It is generally advised to comply with the test, even if you believe you may be over the legal limit.
Q: Will I have a criminal record if convicted of a Super Drunk offense?
A: Yes, a Super Drunk conviction is a criminal offense and will result in a criminal record. This can have long-term implications for employment prospects, housing applications, and other areas of life.
Q: Can I plea bargain to a lesser charge instead of Super Drunk?
A: It is possible to negotiate a plea bargain with the prosecutor to reduce the charges. This could result in a lesser offense such as a regular DUI, which carries less severe penalties.
Q: Can I represent myself in court for a Super Drunk charge?
A: While it is within your rights to represent yourself, it is highly recommended to seek legal representation from a qualified attorney who specializes in DUI cases. They can provide you with the necessary expertise and guidance to navigate the legal process.
In conclusion, a Super Drunk offense in Michigan refers to individuals with a blood alcohol concentration (BAC) of 0.17 or higher. The penalties for this charge are significantly more severe compared to a regular DUI, including potential jail time, fines, license suspension, probation, and vehicle immobilization. It is crucial to understand the consequences and seek legal representation if facing a Super Drunk charge to ensure the best possible outcome in court.