It's an enhancement of the current law
According to this new legislation, if someone's blood alcohol level is 0.17 or higher, they could now be facing stiffer penalties than if their BAC was the legal limit of 0.08.
The law doesn't discriminate: whether you're a first-time or repeat offender, the penalties affect everyone.
More time in jail, up to 180 days, increased fines, anywhere from $200 to $700, and a one-year license suspension.
There is the chance to apply for a restricted license after 45 days, but the stipulation now is what is called an 'Ignition Interlock.'
"Some people are calling it a 'Blow-&-Go,' you have to blow into it in order to operate the vehicle," says defense attorney Karl Numinen.
That's costly, too: $75 to install, plus a $75 monthly service fee.
The courts have always had the authority to impose this as a punishment, but now it's mandatory with a conviction.
In order to have the device removed, you must wait until your license is taken off restriction, and prove that you have complied with the terms of your probation, including treatment programs.
"There's going to be two new kinds of costs," Numinen explains. "One, the Secretary of State penalties are going up, and two, frankly, attorney fees are going to be more expensive, because it's going to be much more complicated defending these cases."
In a county that has already seen a large increase in drunk driving arrests this year as compared to last year, Alger County Prosecutor Karen Bahrman says this enhancement still isn't enough to solve the problem.
"Currently we don't criminalize drinking and driving, we criminalize driving after drinking too much. We expect people whose judgment is already impaired to make that decision," Bahrman says. "There's no reason why we can't expect the same for motorists as we expect from operators of aircrafts, of locomotives, of large vessels, which is zero tolerance."
This law goes into effect on Sunday.
If you're currently a defendant in a drunk driving case, the law will not apply to your case retroactively.
TV Station Profiles & Public Inspection Files forWLUC