Thursday, April 26, 2012

Super Drunk Driving

Mark J. Mandell, Esq.


Although it was enacted in October, 2010, a recent incident in Saline, Michigan reminds us that Michigan’s “super drunk” driving law is still making headlines.

Last week a 16-year-old boy driving in Saline, Michigan slid off the road and crashed his car in a ditch after police witnessed him going in excess of 80mph in a 25mph zone. Upon arriving at the scene police quickly realized alcohol was involved and ordered a breathalyzer test, revealing a B.A.C of .17. Being over twice the legal limit, the boy met the standards for being “super drunk”.

According to MCL 257.625, a driver who operates a vehicle with a B.A.C. of .17 or higher can be convicted of being “super drunk”. The charge can result in up to 180 days in jail, a $200 to $700 fine and up to 360 hours of community service. Furthermore, being found “super drunk” mandates the offender to complete a one-year alcohol rehabilitation program and effects driving privileges on their license.

"These aren't people who just had a glass or two of wine at dinner or a party — these are people with alarmingly high blood-alcohol counts, some in the high 0.20s and even into the 0.30s, out drunk in the middle of the day," said Oakland County Prosecutor Jessica Cooper.

Although the fate of the boy from Saline has yet to be determined, “super drunk” convictions certainly aren’t a rarity. Since the law went into effect more than 17 months ago, six drivers a day, on average, are convicted under the statute.

Despite all the convictions it is still unclear whether the law is serving its purpose as a stronger deterrent for drunk drivers in Michigan. “It might be more than a decade before we can accurately measure and calculate what it all means,” stated Cooper.

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If you have questions in this area of law, contact Mark Mandell at (248) 380-9976.

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