In The News

Saturday, May 19, 2012


By Michael Nichols
Categories: Drunk-Driving

On February 15, 2012, Gov. Snyder signed a bill extending the reach of municipalities enacting their own ordinances to charge citizens with “Super Drunk.”  Prior to that date, Michigan law only provided that municipalities could charge defendants with crimes punishable by a maximum of 90 days time.  The Super Drunk charge is the only exception.

Super Drunk is an enhancement to a standard Operating While Intoxicated charge when a person’s bodily alcohol content registers 0.17 grams of alcohol per 100 milliliters of breath  or higher.  The enhanced charge carries possible sanctions which include up to 180 days in jail, between $200 to $700 in fines, court costs, cost recovery to law enforcement, alcohol/substance abuse screening, required minimum of outpatient treatment, community service, and up to two years of probation.

In addition, the Secretary of State sanctions add additional costs and requirements, separate and apart from the court sanctions and costs, including 6 points on your driving record, suspension of your license of one year, mandatory Breath Alcohol Ignition Interlock Device (BAIID) installed on your vehicle in order to have restricted driving privileges granted after 45 days of no driving, and driver responsibility fee’s of $1,000 per year for two years.

Municipalities are beginning to jump on the bandwagon.  The City of Canton has enacted the Super Drunk ordinance.  It is further understood that East Lansing has also.

If you need an attorney dedicated to knowing the law, and knowing your rights in order to defend them, contact Attorney Karen Phillips at 517-432-9000 or kphillips@nicholslaw.net.

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Peer Recognition

Mike Nichols is a national leader in drunk driving defense. He is a member of the Forensic Committee and Michigan delegate to the National College for DUI Defense. He is also a Sustaining Member of the College. Nichols is also a founding member of the Michigan Association of OWI Attorneys; a member of the American Chemical Society; an associate member of he American Academy of Forensic Science, Adjunct Professor of Forensic Evidence in Criminal Law and OWI Law and Practice at Cooley Law School. He is also author of the West OWI Practice book and several chapters in other books on science and the law.

Mike Nichols is recognized by his peers in Michigan as a “SuperLawyer” in DUI/Criminal Defense. Nichols has also been asked to speak at conferences by groups such as the NCDD; Various Bar Associations in other states.