Traffic Law
Michigan’s Super Drunk Driving Law
February 24, 2011 | 
Author On October 31, 2010, Michigan’s new “super drunk” driving law went into effect, which changed several sections of the Michigan Vehicle Code. Previously, intoxicated drivers faced charges of Operating While Visibly Impaired (OWVI) or Operating While Intoxicated (OWI), when their blood alcohol content (BAC) was less than 0.08 or equal to or greater than 0.08, respectively. Now, with the introduction of the “super drunk” classification, first-time offenders with a BAC between 0.08 and 0.17 retain the OWI charge, while those with a BAC greater than 0.17 are classified as “super drunk.” Along with this new classification, “super drunk” drivers face stricter regulations and penalties than drivers charged with OWI (see Table for first time offender penalty comparison). These penalties include larger fines, longer license suspensions, and mandatory alcohol treatment programs. If you have been charged with driving under the influence and have questions regarding your situation, please contact a local attorney.
| First-time offenders | OWVI | OWI | “Super drunk” |
| Statute | 257.625(3) | 257.625(1)(b) | 257.625(1)(c) |
| BAC | <0.08* | 0.08-0.17* | >0.17 |
| Community service/jail time/fine | 1 or more of the following: comm. serv. for not more than 360 h; up to 93 d jail; $0-300 fine. | 1 or more of the following: comm. serv. for not more than 360 h; up to 93 d jail; $100-$500 fine. | 1 or more of the following: comm. serv. for not more than 360 h; up to 180 d jail; $200-$700 fine. |
| Alcohol treatment program or a self-help program | May have to attend | May have to attend | Must attend an alcohol treatment program or a self-help program for a period of not less than 1 yr(257.625(b)(5)) |
| Points | 4 points | 6 points | 6 points |
| Driver responsibility fee | $500 per yr for 2 yr | $1000 per yr for 2 yr | $1000 per yr for 2 yr |
| License suspension | 0/90 d susp/rest(257.319(8)(a)) | 30/180 d susp/rest(257.319(8)(a)) | 45 d/1 yr susp/rest(257.319(8)(c)) |
| Ignition lock device | NA | NA | Required- 1 yr(257.319(8)(h)) |
| License reinstatement fee | $125 | $125 | $125 |
| Immobilization | May order vehicle immobilization for not more than 180 days for first offense (257.904(d)) | May order vehicle immobilization for not more than 180 days for first offense (257.904(d)) | May order vehicle immobilization for not more than 180 days for first offense (257.904(d)) |
Posted in Criminal Law, Traffic Law | 
Tags: ann arbor drunk driving, ann arbor dui, ann arbor DUI attorney, ann arbor dwi, ann arbor DWI attorney, ann arbor owi, belleville drunk driving, belleville dui, belleville DUI attorney, belleville dwi, belleville DWI attorney, belleville owi, Michigan DUI, Michigan DUI attorney, Michigan DWI, Michigan DWI attorney, Michigan OWI, Michigan super drunk driving, milan drunk driving, milan DUI, milan DUI attorney, milan DWI, milan DWI attorney, romulus drunk driving, romulus dui, romulus DUI attorney, romulus dwi, romulus DWI attorney, ypsilanti drunk driving, ypsilanti dui, ypsilanti DUI attorney, ypsilanti dwi, ypsilanti DWI attorney, ypsilanti owi | 
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Michigan No Points Traffic Ticket Law
On December 31, 2010, a new Michigan law (MCL 257.320d) went into effect. This law permits individuals to attend traffic school to avoid certain minor traffic tickets from getting reported to insurance companies. Like any law, however, there are certain requirements that must be met. First, you must have a valid, unrestricted, unsuspended, and non-revoked license with less than three points on your record. Second, the ticketed driver must not have been driving a commercial vehicle nor be licensed as a commercial driver. Third, the ticket cannot be for any misdemeanor offense. Fourth, the violation carries less than four points. Fifth, the ticketed individual must not have received more than one moving violation arising out of the same incident. Sixth, the ticket cannot be for failing to stop for a school bus or for violating a governor imposed emergency speed limit. Finally, the ticketed individual must not have received another eligible ticket within 60 days and must not have ever previously obtained the benefit of this law. The Secretary of State has taken the position that the ticket also must have been received on or after December 31, 2010 to be eligible. However, the law does not on its face seem to support the Secretary of State’s position and it is likely that this issue will be litigated at some point in the future.
If an individual is eligible for this state program, that person will receive a letter from the Secretary of State at the address listed on the individual’s driver’s license. The letter will state that if the individual completes a driver improvement course which has been approved by the State, and provides proof that he/she has successfully completed the course within 60 days of the letter, the points and ticket will not be reported to the individual’s insurance carrier. The Secretary of State will keep a record of individuals who have completed the basic driver improvement course so that no person can use this law a second time. Therefore, subsequent moving violations will be reported to insurance companies.
Posted in Traffic Law | Tags: ann arbor traffic attorney, ann arbor traffic lawyer, belleville traffic attorney, belleville traffic lawyer, michigan traffic attorney, michigan traffic law, michigan traffic lawyer, michigan traffic ticket, romulus traffic attorney, romulus traffic lawyer, washtenaw traffic attorney, washtenaw traffic lawyer, ypsilanti traffic attorney, ypsilanti traffic lawyer | Comments Closed
