The Michigan “Super Drunk” Law

On January 9, 2009, Governor Jennifer Granholm signed Public Acts 461 and 462 into law, which
became collectively known as Michigan’s “Super Drunk” law, amending several sections of Michigan’s
vehicle code and adding a new definition of drunk driving carrying enhanced penalties and license
sanctions.

On October 31, 2010, Michigan’s new super drunk law went into effect, meaning that Michigan
drivers with a bodily alcohol content (BAC) of .17 or more grams of alcohol per 100 milliliters of blood,
per 210 liters of breath, or per 67 milliliters of urine face greatly enhanced penalties if they are first-time
high-BAC offenders. Second and subsequent offense license and punitive sanctions remain unchanged
despite the driver’s BAC because the overall punishment for repeat offenders is still greater than it is for
first-time offenders under the new super drunk law.

One change that does apply to repeat offenders as well as first-time high-BAC drivers is a new
one-year treatment requirement, which is the longest alcohol rehabilitation period to be mandated for
those convicted of any drunk-driving offense. In addition to treatment, a high-BAC driver also will be
subject to enhanced punitive sanctions, which include an increase in fines of not less than $200.00 to not
more than $700.00 as well as an increase in possible jail time from not more than 93 days to not more
than 180 days.

Additionally, the Secretary of State will suspend driving privileges for one year for anyone
convicted under the new law for a high BAC offense, with the first 45 days of this suspension being
a “hard” suspension, meaning no driving is allowed. For the remaining 320 days, the offender is allowed
restricted privileges if they pay to have a breath alcohol ignition interlock device (BAIID) installed in their
car during this time. In addition to paying for the BAIID’s installation, the driver must pay the monthly
cost of maintaining the BAIID, which can run as high as $100 a month in Michigan. There are cost adjustment provisions for people who meet low-income requirements.

A multiple offender who has had his or her license revoked may only have a restricted license
with a BAIID for one year, and the BAIID can only be removed by order of the Secretary of State.
There is also a second new offense related to the monitoring of the BAIID. If a driver operates an
interlock-equipped vehicle with a BAC of 0.025 or more grams of alcohol per 210 liters of breath or any
violation of the driving restrictions imposed will result in a doubling of the license penalty. In other
words, offenders who violate their license restrictions in this way will receive an identical set of driver
license sanctions—a new 45-day period of no driving followed by 320 days of restricted driving with a
BAIID.

A car equipped with a breath interlock device requires the driver to blow into the device when
first starting the car and again within the first five to 15 minutes. If the BAIID detects a BAC of 0.025 or
more grams of alcohol per 210 liters of breath, it will not allow the car to start. That is approximately one
drink of alcohol for a person weighing about 160 pounds. The driver repeats the test about twice an hour
when driving for longer periods of time, and the BAIID records the date and time of each test. Any
violation is reported to the monitoring agency, and if a BAC of more than 0.025 is detected, the device
emits a warning signal, the car comes to a complete stop, and it cannot be restarted until the driver has a
BAC of less than 0.025 grams. It is illegal for a person required to have a BAIID to operate a vehicle
without a breath interlock device. Conviction of operating a car not equipped with an interlock device
requires immobilization of the car for 90 to 180 days; however, there is an option to have a BAIID
installed and the immobilization suspended. Yet, the court may reinstate the vehicle immobilization in
the case of BAIID tampering or disablement or if the person’s restricted license is suspended or revoked.
Since the enactment of this law is still relatively new, it is unclear how its enforcement will be
played out in the courts. It is unknown if prosecutors will offer the option of allowing high-BAC first
offenders to plead guilty to traditional operating while intoxicated or operating while visibly impaired,
thereby avoiding the BAIID requirement and other enhanced sanctions. If such reductions are not
offered, it is entirely possible that more trials will result.