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What is Super Drunk Driving?

April 5, 2015 Criminal Law and Procedure

Super Drunk Driving Defined

Courts and newspapers refer to “Super Drunk” driving and I am asked what is the definition of this crime. To be convicted of the crime of operating while intoxicated in Michigan a person must have a blood alcohol content (BAC) of 0.08 or over. However, when a person operating a vehicle has a blood alcohol content of 0.17 or more, that person can be charged with the crime of operating while intoxicated with a high BAC. Operating while intoxicated with a high BAC is commonly known as super drunk driving.

How is High BAC Level Determined?

Nothing in the scientific literature denotes a BAC of 0.17 as a level where a person is more intoxicated than if the BAC was under 0.17. A person’s level of intoxication depends on a multitude of factors specific to that person. These factors include weight, rate of consumption, experience with alcohol, and tolerance. Imagine a 120 lb at 22 years old at a BAC of 0.17 as compared to a 350 lb male. They would both appear intoxicated, but have different motor function and cognitive capabilities.

The Penalties for Super Drunk Driving or OWI High BAC

The penalties for an OWI high BAC are more severe than Operating While Intoxicated.

Operating while intoxicated with a high BAC is a misdemeanor, punishable by;

  • Maximum 180 days in jail
  • Maximum $700 fine
  • Community service up to 360 hours

Driver License sanctions include;

  • License suspension for at least 45 days, followed by license restrictions
  • Six points on master driving record
  • Mandatory ignition interlock
  • Possible vehicle immobilization

MCL 257.625

Get Help with Your Case

If you have been charged with Drunk Driving or operating while intoxicated with a high blood alcohol content contact ArborYpsi Law at 734-883-9584 or at bernstein@arborypsilaw.com to speak with attorney Sam Bernstein. We have handled many cases like this in the past, such as (OWI Case Dismissed) and can also provide tips for the future (What To Do When Pulled Over for Drinking and Driving).

ArborYpsi Law is located at 4158 Washtenaw Ave., Ann Arbor, MI 48108

Call 734-883-9584 to Speak with a DUI Lawyer