Canu Torrice Law has received several e-mails about Michigan’s new drunk driving OWI legislation that has been recently signed into law, so we will attempt to address SOME of the main issues with these new laws.
Everyone in Michigan knows that if you are charged with any type of drunk driving /OWI /DUI offense, you better hire a good criminal defense attorney who knows the driver’s license laws in Michigan (drunk driving in Michigan is referred to by courts, police and attorneys as “OWI” being an acronym for “Operating While Intoxicated,” which is the same thing as “DUI” as many people commonly call it).
Well, this sound advice is about to have even more weight added to the scales of justice with the newest set of drunk driving / OWI / DUI laws in Michigan. Michigan has continued its trend of increasing the penalties for drunk driving or OWI offenses in January 2009, when Governor Jennifer Granholm signed into law what many care referring to as Michigan’s “super drunk” driving law, which is set to take effect on October 31 2010.
Michigan’s new “super drunk” OWI driving law imposes harsher penalties on this accused of drunk driving OWI first offense with a bodily alcohol content (BAC) of 0.17 or more grams of alcohol per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine (the new law only applies to 1st offense drunk driving cases). The most significant increased penalties under Michigan’s new “super drunk” driving law are the potential for increased jail time from 93 days in jail, which has traditionally been the maximum penalty for an dunk driving OWI 1st offense, to 180 days in jail (6 months) for those convicted of a “super drunk” driving OWI first offense.
Additionally, upon conviction of a “super drunk” driving OWI, the Michigan Secretary of State
will suspend your Michigan driver’s license for one (1) full year, with the first 45 days as a “hard” suspension with no driving privileges whatsoever, and the following 320 days with a restricted driver’s license CONDITIONAL upon the convicted “super drunk” driver having an ignition interlock device (an alcohol breathalyzer essentially) installed on the person’s vehicle. The way a typical ignition interlock breathalyzer dvice works is before you can stat your vehicle you have to blow into the breathalyzer attached to the ignition of your vehicle, and then you have to periodically blow into the breathalyzer while you are driving as well (which prevents someone from having a non-drinker blow into the ignition interlock breathalyzer just so they can start their car and drive). If you blow above the minimum level allowed of 0.025 BAC, your car will not operate. Oh and yes, you will also have to pay to have this ignition interlock device installed in you vehicle which is very expensive.
The increased driver’s license sanctions and suspensions under the new “super drunk” driving OWI law represents a significant increase from a standard drunk driving OWI 1st offense which carried a six (6) month driver’s license suspension, with the first 30 days as a “hard” suspension and an automatic 5 month restricted license thereafter with NO ignition interlock requirement. The new “super drunk” driving OWI law in Michigan also provides an additional penalty for any Michigan driver who attempts to operate their vehicle with an ignition interlock in place by increasing the driver’s license suspension penalty for any violation. Specifically, if a convicted “super drunk” driver in Michigan attempts to operate their vehicle with an ignition interlock after blowing a BAC of 0.025 or more into the vehicle’s built in breathalyzer machine, (in addition to being a certain violation of any probation with the court with likely jail) the Michigan Secretary of State will automatically impose another 45 day “hard” suspension on your driver’s license, and 320 day restricted driver’s license, once again, conditioned on having an ignition interlock device on your vehicle.
So, what does this new drunk driving legislation mean to Michigan drivers and attorneys? More possible jail time, more driver’s license suspension sanctions, and more fines costs and other fees for defendant drivers if they are convicted – and an increased need to have one of the drunk driving OWI attorneys at Canu Torrice Law protect your rights and defend against these Gestapo like drunk driving OWI laws in Michigan.
With the creation of this new “super drunk” driving legislation in Michigan, prosecutors and courts will most assuredly have a new set of policies and plea bargain restrictions, as well as sentencing tendencies, which could mean jail time and a loss of your full Michigan driver’s license for a year unless you have a dunk driving lawyer who knows the law and the defenses to drunk driving cases. Fortunately the Michigan drunk driving OWI attorneys at Canu Torrice Law are already preparing for this new law change and developing new defenses and strategies to combat these harsh new “super drunk” driving laws in order to protect your rights. Fear not, for our law firm will continue its leadership role in the battle against police and prosecutors under these new drunk driving laws.
& Torrice, PLLC / Canu Torrice Law
Call our expert drunk driving lawyers at (586) 285-1700 24 hours a day/ 7 days a week for a free consultation if you are arrested and charged with any drunk driving OWI DUI offense anywhere in Michigan!
Damn i thought the DWI laws in Michigan were tough enough already! I will save your attorneys on this law blog site just in case. I always would use a good lawyer like you guys if i had a DWI ya’ all are on it! Court appointed attorneys are a joke you ottaspend the coin on a good attorney.
Thank for the heads up on this new Michigan “super drunk” driving law Canu Torrice Law. You seem like really knowledgable and caring attorneys. Thank you for this site. Enough is enough though with these “punish the poor” laws come on…doesn’t anyone else see that this is just a law designed to target the lower class of Michigan . . . which is most people now? Does anyone else think that Granholm is the worst “Democrat” Governor of all time . . . she’s more Repulican than Engler, and a worse Governor if you can believe that. Every law she ever signed just punishes those who are her voter base. Such a crock. Just make it zero tolerance for drunk driving Jenny from the Block and make it easier on the lawyers and the courts to figure out your stupid complicated law – if your drunk your bad, but if you’re “super” drunk your worse. You are an idiot. Hey Michigan legislature, why don’t you guys tax cigarettes some more, tax booze, tax this, tax that, give extra fees and fines to people with suspended licenses in Michigan who are poor already because they can’t pay off their tickets which is why they have suspended licenses in the first place because people with money can pay their traffic tickets in Grosse Pointe and Bloomfield Hills, right????? Michigan’s economy is dying, and our government’s solution is to tax, penalize and get more money from the people who can’t afford it. I’m moving out of state.
I AGREE! I am glad attorneys like these are getting ready to fight this new drunk driving law in Michigan such b.s.