There is a new law that will go into effect on Halloween this fall. Without a doubt, people will still dress and act they way they wish they could the other 364 days of the year. And if you have a safe ride set up for the end of the night, your evening will go on relatively unchanged. However, a new DUI law will hit the books and it is no treat.
The Drunk Driving laws have been restructured to create higher penalties for a higher BAC results. An additional “Super Drunk” Driving Law was etched into the top of the OWI spectrum. Getting pulled over with a BAC of 0.17, (over twice the illegal BAC bottom cut-off of 0.08,) could land you up to 180 days in jail, a mandatory completion of a treatment program for at least one year, a one year suspension of your license (45 days hard suspension,) and a $200-$700 fine (among many other fees.) By the time you get your license back, you will have spent thousands of dollars, made several new friends in your alcohol treatment program, and probably spent more than a comfortable amount of time in jail.
If you do not think you are “Super Drunk” material, you are most likely mistaken. This BAC is not arbitrary. The average BAC of an arrested drunk driver is 0.16, just 0.01 from the qualifying 0.17 “Super Drunk” Score. If you find yourself at the wrong end of a Datamaster that is not calibrated perfectly (which is among many factors that can produce an incorrect BAC,) you could easily find yourself charged as a “Super Drunk” Driver.
This new law will also probably have a trickle down effect in the legal system. There will be enhanced penalties and increased rehabilitation for the “Super Drunk” Driver. The bottom line is that if you are charged with “Super Drunk” Driving, you will be put into a very difficult bargaining position. Your traditional attempt to plea an OWI to an OWVI will be shifted to pleading a “Super Drunk” to an OWI.
If you are out with your friends celebrating the one day people having an excuse to dress the way really would dress the other 364 days a year, make sure you have a safe ride. If you do find yourself in custody, good representation will be more imperative than ever. Call (248) -624-5500 to find an attorney to help you with your case
If you need help with a drunk driving charge contact Dan Ambrose at (248) 624-5500