What to Know About ‘Super Drunk’ and ‘Persistent Drunk’ Driving Charges

Driving under the influence already comes with significant legal and financial consequences, but high-BAC offenses like 'Super Drunk' and 'Persistent Drunk' driving bring even stricter penalties.  

These classifications, including Super Drunk DUI offenses, are increasingly common as states tighten DUI laws to promote safer roads. Understanding these heightened penalties can help you navigate legal and administrative challenges that come with such charges. 

Above and Beyond Legal Alcohol Limits

In every state, the legal Blood Alcohol Content (BAC) limit is set at 0.08%, except in Utah, where it’s 0.05%, but penalties escalate significantly for offenses like high BAC DUI or Super Drunk DUI. The consequences of a DUI can vary significantly based on factors like your BAC level at the time of arrest, prior DUI convictions, and whether there were any injuries, fatalities, or property damage.

Higher BAC levels generally mean harsher penalties, often including extended jail time, hefty fines, longer license suspensions, and mandatory installation of Ignition Interlock Devices (IIDs). 

Super Drunk Driving Charges

What is a Super DUI? These laws exist to penalize individuals with exceptionally high BAC levels, typically defined as 0.15% or higher in many states. These charges are often considered aggravated offenses, even for first-time offenders. Someone convicted under a “Super Drunk” offense might face: 

• Extended jail time, potentially up to six months or more 
• Substantial fines that go well beyond standard DUI fines 
• Increased community service hours 
• Lengthy driver’s license suspension, sometimes up to a year or more, with limited driving privileges only if an IID is installed 
• Vehicle penalties, such as license plate confiscation, vehicle immobilization, or forfeiture in severe cases 

States impose these harsher penalties because high BAC levels greatly increase the risk of accidents, injuries, and fatalities. “Super Drunk” or “Super DUI” charges reflect a commitment to public safety and a deterrent for high-risk behaviors. 

In Michigan, for example, the high-BAC law, sometimes referred to as its "Super Drunk Law", applies if you're driving with a BAC of 0.17% or higher. While this is still a misdemeanor, the penalties for a first offense include: 

• Up to 180 days in jail 
• $200–$700 fine 
• Up to 360 hours of community service
• Driver’s license suspension for 1 year, with possible restrictions after 45 days if you install an ignition interlock device (IID) on all vehicles you own or operate  
• Possible metal license plate confiscation and mandatory vehicle immobilization if caught driving without a properly installed IID 

If convicted of a second "Super Drunk" OWI offense within seven years, the penalties escalate further, including increased jail time, higher fines, and potential vehicle forfeiture. 

Persistent Drunk Driver Charges

Persistent Drunk Driver (PDD) or Repeat Intoxicated Driver laws target individuals with repeated or Super DUI offenses. This designation often applies to drivers with a BAC of 0.15% or higher or those with multiple DUIs within a certain timeframe. Being labeled a Persistent Drunk Driver usually results in: 

• Longer jail sentences and higher fines than standard DUI penalties 
• Extended or indefinite license suspension until specific conditions are met 
• Mandatory IID installation as a condition for license reinstatement
• Potential requirements for alcohol treatment programs or other rehabilitative measures  

This classification is intended to address patterns of risky behavior and repeated offenses, ensuring that individuals with a history of high-BAC driving take additional steps to prevent future incidents. 

Aggravated Driving While Intoxicated (DWI) Charges

In addition to "Super Drunk" and "Persistent Drunk" classifications, many states have aggravated DWI charges. These charges often apply to drivers with BAC levels of 0.15% or higher and impose mandatory jail sentences, additional fines, and other strict penalties. Aggravated charges may also apply in cases where the DUI incident involved a crash, injuries, or a minor passenger in the vehicle. 

In New Mexico, for example, an aggravated DWI applies when your BAC is 0.16 or higher, requiring a mandatory 48-hour jail sentence, additional fines, and other penalties.

Ignition Interlock Devices (IIDs) 

One of the most common requirements for high-BAC or repeat DUI offenses is the installation of an Ignition Interlock Device (IID). An IID is a breathalyzer device installed in your vehicle that prevents the engine from starting if alcohol is detected on your breath. These devices are mandatory in many states for drivers with elevated BAC levels or multiple DUI convictions, as they serve as a critical tool to reduce repeat offenses. 

Having an IID installed allows limited driving privileges, which can be essential for maintaining employment, attending court-mandated appointments, or fulfilling daily responsibilities. 

Why High-BAC and Repeat DUI Offenses Matter 

The emphasis on "Super Drunk," "Persistent Drunk," and aggravated DUI offenses reflects a growing concern over the dangers of extreme intoxication behind the wheel. High BAC levels significantly impair judgment, coordination, and reaction times, making these drivers more likely to cause serious accidents. Legislators and law enforcement agencies impose stricter penalties for these offenses as a means of deterring dangerous behavior and protecting the public. 

Steps to Take After a High-BAC or Repeat DUI Charge 

Facing a "Super Drunk" or "Persistent Drunk" charge can feel overwhelming, but taking the right steps can help you navigate the legal process and begin rebuilding. Here are some important actions to consider: 

1. Hire an experienced DUI attorney: A legal professional can guide you through the complexities of DUI laws, negotiate penalties, and potentially reduce charges. 
2. Arrange for IID installation: If required, schedule an appointment with an IID provider like Intoxalock. Many states require proof of IID installation to restore driving privileges. 
3. Complete any mandated alcohol education or treatment programs: These programs are often part of the conditions for regaining driving privileges and can provide valuable tools for managing alcohol use. 
4. Maintain SR-22 insurance if required: High-risk insurance, like SR-22, may be necessary to prove financial responsibility. Failure to maintain this coverage can result in further license suspensions. 
5. Understand your state’s reinstatement requirements: Make sure you’re clear on the specific steps needed to reinstate your license, which may include paying fines, completing community service, and passing an alcohol education course. 

Get Help with DUI-Related Requirements 

Navigating high-BAC or Persistent Drunk Driver DUI charges and their accompanying requirements can be intimidating. At DUI.org, we’re here to help you understand the steps to take after a high-BAC DUI, such as finding the right authorized IID provider and securing SR-22 insurance. Our team is ready to assist you with the information and resources you need to get back on track. 

Call DUI.org today at 833-386-8923 for support in handling these DUI-related requirements and getting back on the road with confidence.