June 13, 2009
/24-7PressRelease/ -- Michigan's Superdrunk Driver Law
Article provided by Larin and Leonard, Attorneys at Law. Please visit us at
www.larinandleonard.com
When state legislators want to appear to be strong protectors of public safety, drunk drivers can be an easy target. Nationwide the penalties for drunk driving seem to be continuously increasing without any clear justification. Recently, Michigan joined the growing majority of states with higher-level drunk driving offenses, known as "superdrunk" driver laws.
Blood alcohol content (BAC) is a measure of the alcohol level in the body as determined by a chemical test, usually of breath or blood. Starting in late 2010, Michigan drivers with a 0.17 BAC will be considered superdrunk and liable for more serious consequences than the traditional laws provide.
These increased penalties are completely arbitrary and provide irrationally harsh punishments. Unfortunately, few lawmakers are willing to take a stand in defense of people accused of drunk driving. Accordingly, these new laws will soon be effective, and Michigan drivers must be aware of the new laws and potential punishments.
The New Law and its Penalties
2008 Michigan Public Act 462 -- the new superdrunk law -- was signed by Governor Jennifer Granholm on January 9, 2009. It will take effect October 13, 2010, presumably to allow time for state technology systems to be properly upgraded to support the new requirements.
New Michigan Statute subsection 257.625(1)(c) will provide that a person operating a vehicle in Michigan with "an alcohol content of 0.17 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine" will be "operating while intoxicated." While 0.17 is already a crime at the current OWI level of 0.08, separately isolating it in the new law will allow for application of stiffer punishments to drivers testing at the higher level.
As of the effective date, a driver with 0.17 BAC will be eligible for the following more severe punishments:
1. Possible imprisonment of not more than 180 days (as opposed to not more than 93 days)
2. A possible fine of not less than $200 or more than $700 (as opposed to not less than $100 or more than $500)
3. At the defendant's expense, mandatory participation and successful completion of at least one alcohol treatment or self-help program for a period of not less than one year
4. A mandatory driver's license suspension of one year. After 45 days of absolute suspension, a restricted license may be issued if an approved breath alcohol interlock ignition device (BAIID) is legally installed in the defendant's vehicle. A BAIID prevents the vehicle from starting if a breath test reaches 0.025 BAC.
5. If the driver violates the terms of the restricted license, or operates or attempts to operate a vehicle with a BAC of 0.025, an additional mandatory one-year suspension shall be imposed.
These punishments may be harsher if the driver has prior OWI convictions.
Criticism
While targeting people with relatively high BACs seems logical given the higher number of fatalities from accidents where drivers test at similarly high levels, Michigan criminal defense attorneys and other critics of the new law see the 0.17 BAC threshold for more severe punishment as arbitrary and excessively harsh. How much more egregious is a BAC of 0.17 than 0.16 or 0.15?
In addition, breath tests have some accepted deviation, so if your test deviates slightly upward to place you at 0.17, do you really deserve harsher punishment than if you had clocked in at 0.16? Some speculate that the higher penalties will seldom be enforced anyway because of the common practice of plea bargaining for lesser offenses.
Another concern is that the creation of a superdrunk level of intoxication will socially legitimize lower levels of drunkenness, even lower BAC levels that are still dangerous and illegal.
Seek Legal Counsel
Anyone in Michigan facing an OWI charge should retain an experienced criminal defense attorney to fight for his or her rights and freedom. When the superdrunk law takes effect next year, it will be especially crucial for a driver with a high BAC to have a lawyer knowledgeable about the new law ready to defend them vigorously against the enhanced punishments. As of October 13, 2010, the possible consequences for heavy drinkers behind the wheel in Michigan become much grimmer.
Article provided by Larin and Leonard, Attorneys at Law. Please visit us at
www.larinandleonard.com---
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