On December 19, 1008, Michigan Enrolled Senate Bill 1134 passed both houses of Michigan’s Legislature, and is now awaiting the Governor’s signature. Known as the “Super Drunk” bill, this legislation amends several sections of Michigan law, and most notably adds a new crime for drivers with a bodily alcohol content (BAC) of .17 or greater. Under this new statutory definition of operating while intoxicated these high BAC drivers are required to have a breath alcohol ignition interlock device (BAIID) placed on their vehicle. This new law will not take effect until October 31, 2010.

Under the bill high BAC drivers are subjected to other more punitive sanctions. For example, a first offense high BAC drunk driver’s license is suspended for one year. The first 45 days of this year is considered a “hard” suspension, meaning absolutely no driving is allowed. During the remaining 320 days the offender is entitled to restricted driving privileges, but must have an ignition interlock device placed on their car during this period. Fines are increased to $200.00 – $700.00, and potential jail time is increased from up to a possible 93 days to as much as 180 days. The court must also order a mandatory minimum one-year alcohol treatment program. The high BAC sanctions only apply to first offenders – repeat offender sanctions remain unchanged.
[read more...]

In a first-of-its-kind study, the Substance Abuse and Mental Health Services Administration (SAMSA) has determined that Michigan ranks near the top of the list of the states with the most instances of drunk or drugged driving. Michigan came in at number eleven, and according to the report, as many as 19% of Michigan’s drivers aged 18 and above unlawfully drove under the influence of either alcohol or drugs last year. The study, which examined a period between 2004 and 2006, calls upon States to use “their efforts and resources to address this preventable menace.”

What is interesting to note about this study is that it followed almost immediately on the heals of Michigan’s 2003 re-write of the State’s drunk driving laws. In this package of changes the State promised to lock-up repeat drunk drivers and in some instances to revoke their licenses for life. This study proves that the threat of punishment does little to actually curb or deter behavior. Clearly as a society we must employ other means to address this societal problem. One answer might be sobriety courts. In 2007 the Michigan Supreme Court released its study entitled “Michigan DUI Court’s Outcome Evaluation.” (see http://spa.american.edu/justice/documents/2352.pdf). This study lauds the effectiveness of treatment in preventing recidivism, especially when sobriety courts are compared with incarceration.

[read more...]