The 2019 Secretary of State Michigan Driver’s Manual declares, “Driving is a privilege and not a right.” This premise underpins Michigan’s driving under the influence laws.
Drivers in Michigan who use alcohol or drugs before driving a vehicle may be charged with operating while intoxicated (OWI) or operating while visibly impaired (OWVI). A driver is considered intoxicated when they have a blood alcohol content (BAC) of 0.08 or greater.
A first-time conviction for OWI carries serious penalties, including up to:
Good people can make bad decisions. Unfortunately, getting behind the wheel after having too much to drink can have lasting consequences. If you need help with an OWI or OWVI charge, you need the help of an experienced OWI defense attorney. At Michigan Defense Law, our team of skilled criminal lawyers can help you navigate the complexities of the legal system. We have decades of experience handling OWI cases in Oakland County and throughout Michigan. A bad decision does not have to define your future.
Call us today at (248) 451-2200 to schedule a free consultation.
High BAC convictions, where an individual was operating a motor vehicle with a BAC of 0.17 or higher, are addressed under Michigan’s Super Drunk Law. Offenders are subject to penalties including:
The penalties for offenders who are convicted of a second Super Drunk offense within seven years of their first conviction include:
Michigan’s Super Drunk Law imposes a required one-year alcohol treatment program, as well as license sanctions. Once an offender is convicted, their driving privileges will be suspended for one year. However, after the first 45 days, the offender may be allowed restricted driving if a breath alcohol ignition interlock device (BAIID) is installed in their vehicle. In addition, Court’s look at drivers charged with Super Drunk a little differently. They assume a high tolerance for alcohol and therefore a much higher likelihood of a true alcohol problem. This issue needs to be confronted during the defense or higher-end penalties are likely. At Michigan Defense Law we are experienced in these nuances and know-how to help you navigate them.
A restricted license authorizes very limited driving privileges. These restrictions are the same for every offender. The Department of the Secretary of State regulates restricted licenses and makes no exceptions regarding where a driver is allowed to go. Motorists must carry documented proof of their destination, and the hours they are required to be at that location.
With an occupational license, motorists are allowed to drive to and from:
If you or someone you know is involved in a Michigan super drunk driving offense, it is important to get the help of an experienced DUI attorney. At Michigan Defense Law, our team of OWI defense attorneys has the skills to help you go through this trying time in your life.
To schedule a free consultation, call us today at (248) 451-2200.
A Super Drunk conviction means an expensive and embarrassing interlock device may be installed in the offender’s vehicle for 320 days. A BAIID is a breath alcohol analyzer that functions like a computer with memory. The driver is required to blow into the device prior to starting their vehicle. If a BAC of 0.025 or higher is detected, the device will prevent the vehicle from starting.
The offender is responsible for the monthly cost of the BAIID, in addition to installation fees and the cost of removal. The Secretary of State provides a list of approved BAIID installers.
As of June 6, 2016, the BAIID must also include a camera to record an image of the driver. The device will also ask for random, or “rolling,” retests while the person is driving.
The vehicle must be taken to a service center immediately if the BAIID:
Some users have reported BAIID problems due to issues with the unit’s battery, or problems caused by weather conditions and condensation. Although these may not be the fault of the user, they are still recorded as violations. Additionally, consumption of certain foods, especially products with yeast, can trigger a false positive on startup. Anyone with a BAIID should obtain an independent alcohol test immediately if they suspect a violation has been reported in error.
At Michigan Defense Law, DUI defense lawyer Paul Tafelski and his team of criminal defense attorneys have the experience and skills to help.
If you or someone you love is involved in a super drunk OWI, call us today at (248) 451-2200.
Problems get even worse for repeat offenders of super drunk OWI. If someone is caught with a high BAC offense again, law enforcement will confiscate license plates on the scene and put a paper license in the window that signifies to other law enforcement that a driver is a repeat offender. A metal plate cannot be obtained until the case is over, if at all.
Additionally, if you’re a repeat high BAC offender, the law imposes harsher punishments. Penalties will vary depending on the degree of the offense, however, a second offense means that prosecutors could focus on that fact and can make sure that the defendant gets the penalties they should be receiving.
At Michigan Defense Law, criminal defense attorney Paul Tafelski and our team of experienced attorneys can help you navigate the complex justice system. If you or someone you know is involved in a drunk driving incident, you need the guidance of a skilled lawyer.
To schedule a free consultation, call us today at (248) 451-2200.
At Michigan Defense Law, we know that every case is unique, and we believe every client deserves the best possible representation. While a Super Drunk charge is very serious, there are effective defenses that may be applicable, depending on the facts of the case.
Some Super Drunk defenses may include:
If you have been charged under Michigan’s Super Drunk Law, there is a lot at stake. A conviction can lead to punishments including jail time, fines, license suspension or revocation, and a permanent criminal record. This is why it’s important to speak to experienced criminal defense attorneys as soon as possible. Your best defense can be made only if you take immediate action. Having a DUI lawyer review your case and explain your options can be very beneficial.
The legal team at Michigan Defense Law is committed to getting the best possible outcome for every case.
Read the testimonials of our past clients, and contact Michigan Defense Law today at (248) 451-2200 or online to schedule a free consultation and learn if we may be able to help you.