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  • Writer's pictureMark Caldwell

Michigan's Super Drunk Law: A Comprehensive Guide

Updated: May 2

Highlights:

  • Super Drunk charges will read as an Operating While Intoxicated (OWI), High Blood Alcohol content or OWI, High BAC.

  • A super drunk charge occurs when your BAC is 0.17 or higher while operating a motor vehicle.

  • A super drunk DUI incurs more penalties than a standard DUI.

  • Penalties include fines, possible jail time, driver’s license suspension, and community service.

  • An experienced DUI lawyer can help you fight charges and avoid consequences that can alter your life. 


Table of Contents:


Intro

Learn about the Michigan Super Drunk Law penalties and how to find expert legal representation for a DUI. By fighting your case, you can reduce your penalties and help get back the life you love.



What is the Michigan Super Drunk Law?


In 2010, Michigan passed the Super Drunk Law to add consequences for those with a high BAC. This law allows an officer to impose harsher penalties if an individual’s BAC is 0.17 or higher (more than twice the legal limit of 0.08). Under Michigan's Super Drunk Law, you face significant penalties, including possible jail time, loss of your driver’s license, increased fees, and a longer probation period than a standard OWI. The Super Drunk Law in Michigan does not apply to second or third OWI offenses, as it can only be given to first-time offenders. 


However, if it is outside of 7 years from a prior OWI then you can be charged with as Super Drunk and in some cases the prosecutor will reduce the charge from an OWI 2nd to a High BAC OWI.



Is Super Drunk a Felony in Michigan? 


A super drunk DUI is a misdemeanor in Michigan in most cases unless the OWI leads to a serious injury or death of an individual. That said, even though a super drunk DUI is considered a misdemeanor, it carries harsher penalties and fees than a standard DUI in Michigan. Only first-offense OWI drivers can be charged with a super drunk DUI, as penalties for second and subsequent offenses remain the same no matter the BAC. A first-offense OWI is considered someone’s very first DUI, or a DUI that occurs after 7 years from the first conviction.  


Super Drunk Penalties


A super drunk charge in Michigan can result in one or more of the following penalties: 


  • $200 to $700 fine

  • $1,000 penalty for two consecutive years

  • Up to 180 days in jail

  • Up to 360 hours of community service

  • Driver’s license suspension or restriction up to 1 year, but can apply for a restricted license after 45 days

  • A misdemeanor or felony on your criminal record

  • Possible vehicle immobilization and license plate confiscation

  • 6 points added to your driving record

  • Possible mandatory alcohol treatment or sobriety court program


A judge will review your case. You may face additional charges, such as stricter conditions of bond (like having to wear an alcohol monitoring device) and probation and a longer probationary term. That’s why it’s important to hire legal representation for a DUI, especially a super drunk charge. 


Reach out to top Grand Rapids DUI attorney Mark Caldwell immediately for a free consultation at (616) 915-6576 or mark@markmcaldwell.com.


Personal and Professional Impact of a Super DUI 


Beyond penalties from the court, a super drunk conviction can have consequences on your personal and professional life. 


Here are some implications of a super DUI charge:


  • Loss of driver’s license, making it difficult to maintain employment and family obligations

  • Higher auto insurance premiums

  • Increased difficulty in gaining employment

  • Fewer housing options

  • The ongoing cost of installing a “car interlock” or “blow and go” breathalyzer (typically $150 to $200 per month to rent)

  • Inability to apply for a concealed weapon

  • Lower chance of being approved for a student loan

Choose Expert Legal Representation for DUI


An experienced DUI lawyer can help you fight charges, especially high BAC charges. Super drunk cases are complex, and skilled legal representation can help you avoid pitfalls, unnecessary consequences, and fees. You can be one step closer to getting your life back and protecting your freedom. 


Since opening my practice in 2007, I have handled thousands of OWI cases. I have the knowledge and skills to protect you and limit the penalties you might face. I will represent you throughout the investigation and ensure you know how to navigate the criminal justice system. 


If you have a drunk driving citation, contact Mark Caldwell at 616-915-6576, mark@markmcaldwell.com, or fill out this contact form




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