By Attorney James Czarnecki|Czarnecki & Taylor PLLC|NOV 4, 2022
Michigan Super Drunk Driving
The Michigan “super drunk” law is officially called OWI, Operating with a High BAC. However, most people call it “super drunk.” This law imposes severe penalties on individuals convicted of a DUI with a BAC of 0.17 or greater. The penalties imposed for this Super DUI category of offenses are generally about twice as harsh as those for standard DUIs. The penalties apply to first-offense Michigan super drunk driving cases.
What are the penalties for a “Super Drunk” driving offense?
Michigan drivers convicted of a “super drunk” offense face a variety of severe consequences, including the potential for jail when compared to other drinking and driving offenses. People convicted of Michigan super drunk driving face a sentence of jail up to 180 days. This amount of time is twice as long as a “normal” first OWI offense, which is punishable by up to 93 days in jail.
A super drunk driving conviction will cost more in fines and court costs. The fine is between $200.00-$700.00. Consider that a “normal” first offense OWI is punishable by a fine between $100.00-$500.00.
The most significant sanction a person convicted of super drunk driving is imposed not by the court but by the Michigan Secretary of State. Upon conviction for this offense, a person will have their driver’s license suspended for 45 days. The court cannot override this sanction. The Secretary of State imposes this sanction once the court sends notice to the SOS that a conviction has entered the SOS system.
Even though the suspension is for 45 days, the sanctions imposed by the SOS do not end there. After suspension, the person’s license will revert to a restricted license. However, the restriction will include the installation of an interlock device for the rest of the year. Lastly, a Michigan super drunk conviction will result in 6 points added to a person’s driving record.
Penalties for a Michigan Super Drunk/High BAC
| Jail | up to 180 days in jail |
| Fine | $200 to $700 |
| Community Service | up to 360 hours |
| Driver’s License Sanction | suspension for one year; eligible for restricted license after 45 days with installation of interlock device for 320 days |
| License plate | possible confiscation without interlock device |
| Vehicle immobilization | mandator immobilization if vehicle does not have an interlock device |
| Points | 6 |
A super drunk driving charge does not apply to second or subsequent offenses.
The penalties assessed for a super drunk driving conviction do not apply to second offenses unless the prior offense is more than 7 years old. For purposes of the Michigan super drunk law, a second-offense drunk driving is defined as a new drunk driving within 7 years of a prior offense.
What this means is that if the offense is greater than 7 years old, and no other prior offenses exist, then a person can be charged with a Michigan super drunk offense. Also, if a person is convicted of OWI in 2021 with an eight-year-old prior offense dating from 2013, they will only face first offense Michigan OWI penalties.
Read more here about being charged with a Michigan OWI.
What are your options?
If you charged with a super drunk offense the following four options are available.
- Plead guilty as charged to the Michigan super drunk offense
- Plead guilty to a lesser drinking and driving offense
- Attempt to have the case dismissed
- Take the case to trial
- Plea guilty as charged. Given the penalties associated with this offense, people want to avoid a conviction on this charge.
- Plead guilty to a lesser drinking and driving offense. In option two, a lawyer can negotiate the case so that the person can plead guilty to a lesser offense such as operating while visibly impaired while having the Michigan super drunk charge dismissed. Operating While Visibly Impaired (OWVI) means that because of alcohol, controlled substance, or other intoxicating substance, a person’s ability to operate a motor vehicle was visibly impaired.
The penalties for operating while visibly impaired (OWVI) are less than those resulting from a Michigan super drunk conviction. The penalties are as follows:
- Up to a $300 fine, and one or more of the following:
- Up to 93 days in jail.
- Up to 360 hours of community service.
- Driver’s license restrictions for 90 days (180 days if impaired by a controlled substance).
- Possible vehicle immobilization.
- 4 points added to the offender’s driving record.
A plea to OWVI does not result in a license suspension. More importantly, the interlock device is not required. So, it is advantageous to have the super drunk offenses reduced to an OWVI.
To get this deal, you must hire an attorney who is familiar with the courts and prosecutors in the court where your case exists. Some prosecutors have policies that refuse to plea bargain a super drunk offense. In this scenario, the individual must plead guilty as charged or take the case to trial. The decision to go to trial must be thoroughly discussed with your attorney. You must find an attorney who is familiar with the prosecutor and court policies. A skilled attorney will know what proactive steps you should take to put you in the best position possible to have the charge reduced.
3. File motions. Motions are legal arguments based on case law, statutes, administrative rules, or constitutional law. A motion is a written legal argument asking the court to take action and grant relief as requested in the defendant’s brief. The relief consists of requests for dismissal of the case. Further relief can include asking the court to suppress the evidence.
A motion to dismiss can be based on a variety of legal reasons. We discuss some of these reasons in this article discussing how to fight a Michigan DUI. Briefly, a motion to dismiss can be based on the Fourth Amendment. This argument means that police illegally stopped your vehicle and conducted a drinking and driving investigation. If successful, the evidence obtained from the illegal search and seizure will be suppressed.
A motion to suppress evidence can be based on a legal argument or scientific basis that would ask the court to not allow breath or blood test results to be admitted into evidence because to do so would be unfair as the evidence violated a law or administrative rule.
Essentially, skilled defense attorneys file motions to attempt to weaken the prosecutor’s case. Specifically, if the court suppresses certain key evidence, the prosecutor will face a difficult time obtaining a conviction. This may force the prosecutor to offer a better plea deal or deviate from their policy of no plea deals for Michigan super drunk offenses.
4. Take the case to trial. In some situations, a case should proceed to a trial. This is especially true if a solid defense exists or if the prosecutor does not want to reduce the offense. For example, a Michigan super drunk offense is based entirely on the breath or blood test. If an attorney has discovered that the alcohol results are flawed and inherently unreliable, taking the case to trial will make the most sense.
There are many ways to challenge a super-drunk charge. Â An experienced attorney can challenge the traffic stop, file motions, argue that someone was not “operating” as defined law, challenge the blood alcohol level tests, and challenge field sobriety tests.
Will you go to jail?
One of the first questions people ask an attorney is if they will have to go to jail. In general, the answer is, no. However, the possibility depends on where your court is located. The facts of the case must also be considered.
Czarnecki & Taylor can help you get results for your super drunk charge.
If you have been arrested for Michigan super drunk driving, it is important to seek out the services of an experienced defense attorney who can help you navigate a drunk driving charge.
An experienced OWI lawyer will be able to review your case and determine all of your options, including negotiating with prosecutors or taking your case to trial. They will also be able to challenge law enforcement and other key witnesses to ensure that you receive the best results fair trial.
Be careful because not just any attorney can defend someone charged with a drunk driving offense.
If someone asked me for help with a divorce, I would refer them to an attorney who specializes in that type of law. When someone calls a law office and asks for help on a drunk-driving case, many attorneys will represent that person even if they rarely handle criminal cases. That attorney may tell the client to plead guilty with little thought in the case. The attorney may not adequately investigate the case or even order discovery.
At Czarnecki & Taylor, we have many years of experience handling drunk driving offenses including OWI cases charged as second-degree murder. How we win. Our team of skilled attorneys understands how stressful this time can be for you and your family, which is why we are dedicated to providing each client with individualized attention and support.
We will carefully review the details of your case and work with you to develop a strong defense strategy that will help you achieve the best possible outcome in your case.
We listen. We identify issues. We create solutions.
If you are facing a Michigan super drunk driving charge, or any other drinking and driving offense, it’s important to have an experienced attorney on your side. A skilled attorney knows how to defend your rights and can help you avoid the severe consequences you are facing.
Are you facing a Michigan super drunk driving charge? We can help get you the best outcome for your case. Czarnecki & Taylor PLLC’s experienced attorneys will handle your case with care and help you through every step of the process. For a free consultation, call us today at (586) 718-2345 or online for a prompt response. We are available 24/7 and have weekend and evening appointments.
Contact us to get straight answers about your DUI case. We offer:
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