Macomb Re-Takes Power to Prosecute ‘Super Drunks,’ Reap Fines

First-time “super drunks” will still face hefty fines, license suspension and jail time for their crimes, but a new ordinance will now allow Macomb Township to profit from the poor decisions of its residents and visitors.

By adopting its “High BAC” amendment Wednesday, the township effectively gained control of the prosecution and fines associated with first-time drivers convicted of operating with a blood alcohol content (BAC) of .17 or higher in the township. The legal limit for drinking and driving in Michigan is 0.08.

“This is an ordinance which allows the township to enforce the enhanced drunk driving laws,” said township attorney Lawrence Dloski.

Passed under former Gov. Jennifer Granholm, these enhanced laws levy harsher penalties on first-time drivers convicted of driving "super drunk," or operating with a BAC of .17 or higher. One of these enhancements included raising the cap on possible jail time from a maximum of 93 days to 180 days.

“The legislature adopted an enhanced BAC ordinance which said that if you have a blood (alcohol) content of .17, that was an enhanced offense and therefore it was only prosecuted by the (county) prosecutor’s office because it provided for 180 days in jail,” Dloski said. “The township can only enforce a criminal penalty ordinance that has a provision for 93 days in jail.”

Because of this provision on jail time, municipalities like Macomb Township found themselves unable to enforce the high BAC law on a local level when it went into effect in 2010. For Macomb, this meant the loss of revenue generated by fines.

However, the rules changed again this year when the Michigan legislature passed series of bills to allow municipalities to create the necessary ordinances to enforce the high BAC law themselves.

By amending the township’s code of ordinances to reflect this change, the board shifted the power of prosecution, and the benefits of fine revenue, to the township.

This amendment, known as Ordinance No. 254, will affect Chapter 18, Article II of the code.