A drunk driving charge in Michigan is already a serious matter, but the situation becomes far more complex when your Blood Alcohol Content (BAC) reaches a certain threshold. Michigan law places these cases in a separate category with much harsher penalties, and knowing how it works can help you assess what to do next.
Michigan’s super drunk law beyond a typical OWI
Under this law, any driver whose BAC registers at 0.17 or higher faces a more severe category of charges. That threshold is more than double the standard legal limit of 0.08.
The penalties at stake for this type of charge
Because Michigan’s “super drunk” law carries elevated penalties, a conviction may result in the following consequences:
- Up to 180 days in jail
- Up to $700 in fines plus court costs and assessments
- Up to 360 hours of community service
- A one-year driver’s license suspension, starting with a mandatory 45-day hard suspension
- Mandatory installation of an ignition interlock device to obtain restricted driving privileges
Ultimately, first-time offenders with a high BAC face consequences typically reserved for repeat offenders. A single charge under this statute can have a lasting impact on your criminal record and your daily life.
Defense strategies to consider
A common defense strategy in OWI cases is challenging the accuracy of the breathalyzer test. These devices need regular upkeep and proper handling, and errors in either area can produce readings that do not reflect your actual BAC at the time of driving.
The traffic stop itself is another area worth a close look. Officers need reasonable suspicion to pull you over, and if the stop lacked legal grounds, the evidence collected afterward may be thrown out.
A rising BAC defense may come into play as well. Alcohol takes time to absorb into your bloodstream, which means your BAC while driving may have been lower than the reading taken later at the station.