In 2015, the state of Michigan added the Driving with a High BAC offense, or Michigan super drunk driving laws. It’s intended to discourage super drunk drivers and harshly punish those who operate a motor vehicle with a high blood alcohol content (BAC). If you’re facing charges, immediately speak with a DUI attorney who knows how to handle super drunk driving cases.
The super drunk offense isn’t always prosecuted by cities; however, it is prosecuted by county prosecutors.
Facing super drunk driving charges? Unhappy with your current super drunk driving attorney? Request a free consultation now.
The maximum jail term for super drunk driving is two times a regular DUI offense; 180 days in jail maximum for a super drunk charge.
This doesn’t mean jail is mandatory, but it’s far more likely.
There’s also a maximum 360 hours of community service.
A super drunk driving conviction comes with enhanced penalties; one (1) year of a restricted license with the first 45 days of hard license suspension.
A breath alcohol device must also be used during the restricted driving privileges period (ex. ignition interlock device).
While the legal limit is .08, the average BAC on a DUI case is approximately .12.
Therefore, a .15 BAC is considered high by most courts.
This means a .17 is considered to be extremely high, or super drunk driving.
It’s widely believed that a person can’t even reach that level without having a high alcohol tolerance.
There are even studies that prove this fact.
However, the court, prosecutor, and probation department will always believe that any person who blows that high is an alcoholic and therefore, a danger on the roads.
Cases under Michigan Super Drunk Driving laws require a different strategy.
The chemical test must be evaluated differently.
Breath test instruments are calibrated at a .08 grams per 210 liters of breath standard.
They’re not calibrated at any other level.
Therefore, the higher the result, the less accurate the instrument’s response.
A result of .17 or higher holds a larger margin for error.
Therefore, a defense strategy by a DUI attorney will include evaluating the breath and blood test.
Also, evaluating the standard field sobriety tests is also vital to your case’s success.
If you passed the field sobriety tests, that’s direct evidence you didn’t have a high BAC.
Regardless of a person’s tolerance, it would be extremely difficult, if not impossible, to do well on these tests.
Since the general belief is that chemical tests are accurate, prosecutors will not reduce a super drunk driving case to a reckless or careless driving charge if you don’t have a forensic lawyer-scientist by your side.
To successfully fight and save your driver’s license, it’s necessary to be able to demonstrate the chemical test isn’t reliable or was in error.
This can be done in a variety of ways, but generally only by a forensic lawyer-scientist.
- Hire an experienced DUI attorney who’s certified as a Forensic Lawyer-Scientist by the American Chemical Society (ACS) and knows Michigan Super Drunk Driving laws inside and out.
- Go under a substance abuse evaluation and follow all recommendations.
- Don’t plead guilty without a proper evaluation of the evidence.
- Make sure your lawyer obtains the booking room video. This must be obtained shortly after the offense date. Otherwise, the police department will destroy it.
The Right Firm Asks The Right Questions
What Sets The Law Offices of Barton Morris Apart?
Over Two Decades of Legal Experience With Michigan DUI laws and Other Practice Areas
We’ll Tackle Even The Most Challenging Cases and Refuse To Back Down
We Have a Successful Track-Record Obtaining Favorable Outcomes For Our Clients
Our Seasoned Trial Lawyers Aren’t Afraid To Go To Court & Fight For Your Rights
From Our Clients
50+ Reviews, 5 Star Ratings
Stop your Google search, pick up the phone and retain the services of the best criminal defense team in the state of Michigan. When you hire Barton Morris to represent you, you should be confident in knowing that the lawyers on his team will fight for your legal rights in every way possible. Mr. Morris and his associates legal knowledge is unsurpassed bar none. Although my case was unique, having been on the lam for sixteen years, Mr. Morris was able to prove that the lack of evidence was detrimental to the prosecution and all charges were dismissed. Mr. Morris happened to be the second lawyer that I contacted. The first lawyer said he would take my case for a $10K retainer fee and that I had a long road ahead of me. The next day, I contacted Mr. Morris and knew from our first conversation that I was in good hands with his representation. Stop shopping around and hire Barton Morris today!