BAC level over 0.17 invokes Michigan's Super Drunk law

Some of our Ann Arbor readers may have seen a previous post here describing Michigan's so-called Super Drunk law. The law, which includes increased penalties for anyone arrested for driving while intoxicated with a blood alcohol content level of 0.17 percent or more, has, unfortunately, been applied to thousands of DUI charges throughout Michigan since it was implemented a few years ago. In two recent incidents in nearby South Lyon, it appears that the law will apply in one arrest and a woman's BAC level in the second incident came dangerously close to invoking the law.

A recent report indicated that in the first incident, which occurred on November 1, a 25-year-old driver was arrested on a drunk driving charge with an alleged BAC level of 0.19. That level is over twice the legal limit of .08 and more than enough to invoke the Super Drunk law. To make matters worse, the reports indicate that police also observed several empty beer cars in the driver's vehicle, and the arrest occurred at almost midday.

In the second incident, which occurred on November 2, a 36-year-old woman was arrested on a drunk driving charge after she was stopped by police and her BAC level tested at 0.165 percent - only 0.005 below the level to invoke the Super Drunk law. Nonetheless, even a conviction for a misdemeanor drunk driving charge could have a hugely negative impact on this woman's life.

Obviously it is never a good idea to get behind the wheel of a car after consuming alcohol. The legal limit of 0.08 can be reached surprisingly quickly in the human body, regardless of a person's size or gender. However, if an Ann Arbor resident finds themselves facing a DUI charge, special attention should be focused on why the traffic stop occurred to begin with, and then on whether or not the correct procedures were followed in conducting the breath test.

Source: Observer & Eccentric, "Ann Arbor man arrested on drunken driving charge in South Lyon," Diane Gale Andreassi, Nov. 5, 2013

Categories: Articles

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