On October 31, 2010, Michigan’s new “super drunk” driving law went into effect, which changed several sections of the Michigan Vehicle Code. Previously, intoxicated drivers faced charges of Operating While Visibly Impaired (OWVI) or Operating While Intoxicated (OWI), when their blood alcohol content (BAC) was less than 0.08 or equal to or greater than 0.08, respectively. Now, with the introduction of the “super drunk” classification, first-time offenders with a BAC between 0.08 and 0.17 retain the OWI charge, while those with a BAC greater than 0.17 are classified as “super drunk.” Along with this new classification, “super drunk” drivers face stricter regulations and penalties than drivers charged with OWI (see Table for first time offender penalty comparison). These penalties include larger fines, longer license suspensions, and mandatory alcohol treatment programs. If you have been charged with driving under the influence and have questions regarding your situation, please contact a local attorney.
| First-time offenders | OWVI | OWI | “Super drunk” |
| Statute | 257.625(3) | 257.625(1)(b) | 257.625(1)(c) |
| BAC | <0.08* | 0.08-0.17* | >0.17 |
| Community service/jail time/fine | 1 or more of the following: comm. serv. for not more than 360 h; up to 93 d jail; $0-300 fine. | 1 or more of the following: comm. serv. for not more than 360 h; up to 93 d jail; $100-$500 fine. | 1 or more of the following: comm. serv. for not more than 360 h; up to 180 d jail; $200-$700 fine. |
| Alcohol treatment program or a self-help program | May have to attend | May have to attend | Must attend an alcohol treatment program or a self-help program for a period of not less than 1 yr(257.625(b)(5)) |
| Points | 4 points | 6 points | 6 points |
| Driver responsibility fee | $500 per yr for 2 yr | $1000 per yr for 2 yr | $1000 per yr for 2 yr |
| License suspension | 0/90 d susp/rest(257.319(8)(a)) | 30/180 d susp/rest(257.319(8)(a)) | 45 d/1 yr susp/rest(257.319(8)(c)) |
| Ignition lock device | NA | NA | Required- 1 yr(257.319(8)(h)) |
| License reinstatement fee | $125 | $125 | $125 |
| Immobilization | May order vehicle immobilization for not more than 180 days for first offense (257.904(d)) | May order vehicle immobilization for not more than 180 days for first offense (257.904(d)) | May order vehicle immobilization for not more than 180 days for first offense (257.904(d)) |
