At 2:25 in the morning, one can be fairly sure that any police officers who are driving about are keeping a keen eye out for drunk drivers. For one such driver, the relatively minor infraction of failure to dim his bright lights resulted in a drunk driving arrest.
According to news sources, a 29-year-old man from Elmira has been charged with driving while under the influence. His reported blood alcohol content was 0.22 percent, which is nearly three times the BAC legal limit. Anything 0.17 percent or higher would qualify for enhanced consequences under Michigan's so-called super drunk driver law.
The 29-year-old came to Michigan state troopers' attention on M-32 near Murner Road in Livingston Township. The troopers state that when the driver did not dim his lights, that they did a u-turn and followed the driver, at which point they allege that the driver was weaving in the road. They pulled the car over and claim that they smelled alcohol.
It was not stated whether it was the field breath test, or other chemical breath test at the police station which registered a 0.22 percent BAC.
The enhanced penalties may not apply to the 29-year-old man from Elmira because it was reported that he has previous DUI convictions. As a repeat-offender, his consequences are already enhanced.
The super drunk driving law went into effect on Oct. 31, 2010. The super drunk driver law is for first time drunk driving offenses. The enhanced penalties include:
- Jail time up to 180 days
- Fines up to $700
- License suspension of one year
- Required one-year alcohol rehabilitation
- One year ignition interlock device
When charged with a second or third DUI, all of the consequences become more serious. To stay out of jail, and to protect one's driving privileges, it is a wise idea to consult with an experienced DUI attorney as soon as possible.
Source: PetoskeyNews.com, "Michigan State Police: Drunk driver almost 3 times over limit," June 22, 2012
Source: Michigan Bar Journal, "Michigan's New 'Super Drunk' Law," Patrick T. Barone, March 2010