Super Drunk High BAC Michigan
Beginning October 31, 2010, a new drinking and driving offense was created referred to as Super Drunk .or OWI BAC .17 OR GREATER. The offense has been created for individuals convicted of operating a motor vehicle with a blood alcohol content of .17 grams or more alcohol per 100 milliliters of blood.
If you have been charged with a drinking and driving offense you need to call Michigan OWI lawyer, Aaron J. Boria (734) 453-7806.
Super Drunk .17 BAC of Higher Defense
We defend super drunk cases like any operating while intoxicated offense.
First, we check the stop made by police. If the police do not have a legally valid reason for stopping you while you are driving the evidence of drinking alcohol being held against you should be suppressed and your case should be dismissed.
Second, we make sure that the police have a legal reason to arrest you. The majority of the time a person is stopped by police it does not result in an arrest. That’s because breaking a basic speed law does not give reason for arrest. The police need probable cause that a crime was committed and you committed it. This is where field sobriety tests, breathalyzers, etc come into play and we can challenge them. If the police did not have a legal reason to arrest you the case must be dismissed.
Third, we make sure that procedures used to gain your blood alcohol content are done properly. If they are done improperly the quality of the evidence is diminished, and in some cases could result in a dismissal.
Super Drunk is a misdemeanor and carries 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
- 6 points on your driving record
- One year license suspension. The Secretary of State may issue a restricted license 45 days after the suspension starts if the person is otherwise eligible, but you must provide proof of installation of an ignition interlock device is required before a restricted license will be issued.
This device is often referred to as a BAIID (Breath Alcohol Ignition Interlock Device.) The device requires you to randomly blow into it. The results are sent to a monitoring company or saved in an onboard computer. Some of these devices even have a camera that takes a picture every time it’s used.
A restricted license will permit the individual to operate a vehicle equipped with an ignition interlock device under the following circumstances:
To and from residence and employment, and during employment;
To and from alcohol or drug education or treatment program;
To and from regularly scheduled treatment for serious medical condition
To and from probation, community service and school.
Other collateral consequences of any drinking and driving offense include the following:
- Loss of a commercial drivers license
- Loss of a carry concealed pistol license
- Inability to enter Canada
What to do if you have been charged with Super Drunk .17 High BAC
If you have been charged with the Super Drunk offense contact drinking and driving defense lawyer Aaron J. Boria today for a free consultation (734) 453-7806
