In 2010, a new set of laws were passed in the state of Michigan that enhanced the penalties for high BAC OWI offenders. These can be found under MCL 257.625(6) and are regularly referred to as “Super Drunk Laws” or Operating with a High Bodily Alcohol Content (OWHBAC). The penalties for violating Super Drunk laws are particularly unforgiving as a first-time offender can result in up to 180 days in jail and a driver’s license revocation for up to one year.
If you or someone you know has been arrested for a high BAC OWI, then we urge you to gain legal representation immediately. A high BAC OWI could potentially devastate your professional and personal goals for the future. Plus, if you have any prior OWI convictions on your record, your penalties will be enhanced even further. Don’t put your employment or professional license in any more danger and instead start building your defense today with the experienced J. Dallo of Dallo Law, P.C..
OWI Attorney for High BAC Offenses in Oakland County, MI
Time in a criminal defense case is critical, so you shouldn’t waste a moment of it. Get started on your defense right away by calling Dallo Law, P.C.. Our experienced managing attorney J. Dallo has extensive OWI trial experience and has defended numerous clients from OWI, OWHBAC, OWPD, OWVI, and any other traffic or alcohol related offense. He can analyze your case, dissect the prosecution’s argument, and investigate every legal option to have your charges reduced or dismissed altogether. Call Dallo Law, P.C. for a free consultation today so you can finally relax knowing you have the best possible legal representation on your side.
You can reach Dallo Law, P.C. at (248) 283-7000 to set up your first consultation free of charge. Dallo Law, P.C. accepts clients throughout the greater Oakland County and Macomb County area including Troy, Pontiac, Royal, Oak, Bloomfield Hills, Auburn Hills, Birmingham, Madison Heights, Farmington, Pleasant Ridge, Leonard, Roseville, New Haven, Utica, Eastpoint, New Baltimore, Roseville, Clinton Township and Warren.
- What Does Operating a Vehicle with a High BAC Mean?
- Michigan Super Drunk Sentencing
- How Long Is My Suspension for High BAC OWI in Michigan?
- Additional Resources
What Does Operating a Vehicle with a High BAC Mean?
It’s illegal in the state of Michigan to operate a vehicle with a blood alcohol concentration (BAC) of .08 or higher. A person is considered to have a high bodily content in the state of Michigan if they have a BAC reading of .17 or higher according to MCL 257.625(6). To prove the crime of operating a motor vehicle with a high bodily alcohol content (OWHBAC) at trial, the prosecutor must prove each of the following elements beyond a reasonable doubt:
- First, that the defendant was operating a motor vehicle (by either driving or being in actual physical control of the vehicle;
- Second, that the defendant was operating a vehicle on a highway or other place open to the public or generally accessible to motor vehicles including an area designated for parking vehicles.
- Third, that the defendant operated the vehicle with a bodily alcohol content of 0.17 grams or more per:
- 100 milliliters of blood
- 210 liters of breath
- 67 milliliters of urine
Michigan Super Drunk Sentencing
A first-time OWHBAC conviction is a misdemeanor that comes with the following penalties:
- Up to 180 days in jail.
- A fine of at least $200 but not more than $700.
- Up to 360 hours of community service.
- Possible metal license plate confiscation.
- Mandatory completion of a court-ordered alcohol treatment program.
- Installation of an ignition interlock device.
- 6 points added to the defendant’s driving record
A one-year license suspension is imposed upon conviction. The Secretary of State may issue a restricted license 45 days after the suspension starts if the person is otherwise eligible. Proof of installation of an ignition interlock device is required before a restricted license will be issued.
If this is the defendant’s second offense within the last 7 years, then they should expect even harsher penalties. These consequences will be determined based on the factors surrounding the case and could include a mandatory forfeiture of the defendant’s vehicle.
How Long Is My Suspension for High BAC OWI in Michigan?
After a high BAC OWI conviction, the defendant’s driver’s license is automatically suspended for up to one year. For the first 45 days, the defendant isn’t permitted to drive at all for any reason. Once that period is up, they are then able to receive a restricted license they can utilize for the last 320 days.
A restricted license will permit the individual to operate a vehicle equipped with an ignition interlock device while driving to and from:
- Residence and employment, and during employment
- Alcohol or drug education or treatment program;
- Regularly scheduled treatment for serious medical condition;
- Probation, community service and school.
Drunk Driving Facts in Michigan – Visit the official website for the Center of Disease Control and Prevention (CDC) to read some facts surrounding drunk drivers in Michigan. Access the site to view statistics for crashes, injuries, and read their fast facts discussing blood alcohol concentration and DUI statistics around the United States.
Michigan Super Drunk Law | SOS – Visit the official website for the Secretary of State, Jocelyn Benson, to read more about Michigan’s OWI laws for those driving with a high alcohol bodily content. Access the site to read their answers to your frequently asked questions, how to request an order for a breath alcohol ignition interlock device (BAIID), and more.
High BAC OWI Attorney in Oakland County, Michigan
If you or someone you know has been arrested for violating Michigan’s Super Drunk laws, we implore you to gain legal representation with Dallo Law, P.C.. Our firm is very familiar with Super Drunk laws and will do whatever necessary to ensure you have the best possible defense when walking in that courtroom. Schedule your first consultation for free today by calling J. Dallo of Dallo Law, P.C. at (248) 283-7000.
At the consultation J. Dallo will sit and hear your case. He will then develop a strong defense strategy and outline all your legal options with you. You can find our offices in Bloomfield Hills, but we practice throughout the greater Oakland County and Macomb County area.