The new Super Drunk law took effect October 31, 2010. If you have been charged with a DUI offense and your bodily alcohol content (BAC) registered 0.17 or higher, if convicted, you may face harsher punishment than before this law took effect.

Officially named the “High Blood Alcohol Content Enhanced Penalty” law, it seeks to reduce drunk driving by increasing penalties. Jail time could be as much as 180 days, driving is forbidden for 45 days, and alcohol treatment for one year is mandatory.Fines and costs are also increased, and could amount to as much as $8,000 to $10,000 in total.

After the 45-day no-driving period, a person convicted under this law may be eligible for a restricted driver license. One condition of the restriction is the installation of a breath alcohol ignition interlock device (BAIID) in their vehicle, which must remain installed for 320 days. The cost of installation is about $75, and it carries a monthly fee of up to $100.

This ignition interlock device requires the driver to blow into it before the car will start.  Ignition interlocks are designed to require an additional test within the first five to fifteen minutes after a successful start. A reading of 0.025 (approximately one sip of alcohol) or more will prevent the car from starting and is reported to the monitoring agency as a violation or failure. During the course of a long drive, the device will require intermittent tests, and if a BAC of 0.025 or more is detected, a warning signal will sound and the car will come to a complete stop. Violators will be subject to an additional 45-day period of no driving, followed by another 320 days of restricted driving with an ignition interlock installed.

If a driver convicted under this law is found operating a vehicle without the ignition interlock, the car will be immobilized for 90 to 180 days. This immobilization could be suspended, however, with the installation of an ignition interlock device.

While these penalties are heavy, it is important to know that an OWI charge does not necessarily mean an OWI conviction.  Many factors can affect the outcome of the case, and an experienced attorney will know how to pursue and take advantage of each element that may favorably affect the final judgment.