Nudge from the judge: Will it get alcoholics into treatment?

Michigan's new “Super Drunk” driving law, in effect since October 31st of 2010, has increased penalties for drivers with a blood alcohol level of 0.17 or higher. First time offenders at this level could be looking at jail time of 180 days, up to a $700 fine, license suspension for one year, and mandatory one-year alcohol rehabilitation. The offender may qualify for a restricted license after 45 days but must have a breath interlock system installed on their vehicle for the remainder of the year. 

Dr Mark Menestrina and his smart car

Twelve-step programs define the "super drunk" law as, "the nudge from the judge" that forces many first time drunk driving offenders to realize they have a problem with alcohol. They may be in denial at first, but sometimes a push from the court system points them in the right direction and they get the help they need. Dr Mark Menestrina, Medical Director of Detox at Brighton Hospital in Brighton, Michigan, remarked, "Law enforcement can play a critical role in motivating people for treatment by forcing them to face the consequences of their use." He went on to say,  "However it is my suspicion that those who might qualify for "super drunk" status are more likely to be alcoholic than alcohol abusers." Menestrina also commented that, "The alcoholic has less control over drinking and driving than someone who is an alcohol abuser." He said, "Personally I feel you're either drunk or you're not and I see no useful purpose served by varying degrees of violation of the statute."  


The Lansing State Journal has reported that the new "super drunk" law is intended to lower the 45,000 drunk driving arrests every year in Michigan. William Morrison, a prominent criminal defense lawyer in Troy, Michigan, has first hand experience defending clients charged under the "super drunk" law. Morrison says, "The "super drunk" is not a rarity." Morrison went on to say he's seen a couple of clients this month charged with the "super drunk" and he first recommends they attend a couple of 12 step meetings before their court date purely for exploratory reasons to find out if they think they might be an alcoholic.

Alcohol rehabilitation is mandatory under the "super drunk" law with the option of an alcohol treatment program or a self-help group. An alcohol treatment program could be intensive outpatient treatment (IOP) for alcoholism. A self-help group may be a twelve-step program.

The best solution is don't drink and drive. Period. But to those who run afoul of the new Michigan law, perhaps a nudge from the judge will be just whats needed to get them to seek treatment for this chronic and potentially fatal if untreated disease of alcoholism.