Michigan Super Drunk DUI With BAC Over 0.17% – Laws & Penalties
Michigan Super Drunk DUI With BAC Over 0.17% – Laws & Penalties
Not all driving under the influence (DUI) charges are treated the same in Michigan’s criminal courts. A conviction for a Michigan Super Drunk DUI — Operating While Intoxicated is the actual legal term for what most people call a “DUI” — with a BAC of .17 or higher carries significantly harsher penalties than a standard first-offense DUI conviction.
The penalties get more serious the higher a driver’s BAC is found to be. So how does Michigan’s High BAC (Super Drunk) law over 0.17% BAC apply? Michigan’s DUI laws are complex, but the overview below can help make sense of this specific law and what it means for a pending case.
What Is The Michigan Super Drunk DUI Law?
Michigan’s High BAC Super Drunk law applies to DUIs where the driver’s blood alcohol concentration reaches 0.17% or higher. This is more than twice the legal limit of 0.08%. This law was enacted to address cases where drivers were extremely impaired, with the goal of reducing the number of severely impaired drivers on the roads in Michigan, whether traveling I-75 through Detroit, Woodward Avenue in Oakland County, or M-59 running across Macomb County.
Unlike a standard first-offense DUI, a High BAC charge is still legally a first offense — but it comes with substantially more severe consequences because of the higher BAC involved.
Penalties for a First-Time High BAC, “Super Drunk” Offender
A first conviction under the Michigan Super Drunk DUI law is still considered a misdemeanor, but the penalties are significantly harsher than those for a standard DUI. Upon conviction, a driver may face:
- Up to 180 days in jail
- Fines ranging from $200 to $700
- A mandatory one-year license suspension
- Mandatory participation in alcohol treatment programs
After the first 45 days of that suspension, a driver becomes eligible for a restricted license — but only after installing an approved ignition interlock device. For a full breakdown of how the license penalty actually plays out, what a restricted license allows, and what a lawyer can do to help avoid a High BAC conviction in the first place, see our companion article on what happens after a Michigan High BAC charge.
Consequences for Repeat Offenders
Anyone with a prior DUI conviction within seven years can ONLY be charged with a 2nd offense DUI, even if they are arrested with a BAC of 0.17% or higher. If a person is arrested for a 3rd DUI at any point in his or her lifetime, it is a felony carrying the potential for years in prison, thousands in fines, and vehicle immobilization or forfeiture. If the driver causes a serious injury or death, the penalties rise even higher.
Our DUI attorneys represent clients facing High BAC and Super Drunk charges throughout the Greater Detroit area. Every case is different, and the right defense — from challenging the traffic stop to negotiating the charge down to something less serious — depends on the specific facts involved.
FAQs
What BAC Is Considered Super Drunk in Michigan?
Michigan’s Super Drunk law applies when a driver’s BAC is 0.17% or higher and the person does not have a prior DUI conviction within the last 7 years, or 2 or more prior DUI convictions at any point in their lifetime. These cases are sometimes written up as “OWI With BAC of .17 or Greater,” “Super Drunk OWI,” or simply “High BAC.” While the penalties can be harsher than a standard DUI, Jeffrey Randa and Associates has extensive experience defending these cases across the Greater Detroit area and the surrounding counties.
Is a BAC of 0.17% high?
Yes. A BAC of 0.17% is more than twice the legal limit of 0.08% in Michigan. At that level, prosecutors will often seek tough penalties available under the Super Drunk law. Having an experienced Metro Detroit DUI lawyer matters because a defense attorney can take steps to beat your charges or significantly reduce the penalties you are facing.
What Is a High BAC or “Super Drunk” Charge?
A High BAC (“Super Drunk”) charge in Michigan means driving with a BAC of 0.17% or higher. It’s still legally a first offense, but it carries stricter, additional consequences than a standard first-offense DUI. While a Super Drunk conviction can be life-altering, these charges can absolutely be beaten. An experienced defense attorney can scrutinize the evidence to find weaknesses in the state’s case.
Protect Your Future After a Super Drunk DUI Arrest by Contacting Jeffrey Randa and Associates
Being charged under Michigan’s High BAC, Super Drunk law for driving with a BAC over 0.17% can feel overwhelming, but you don’t have to go through it alone. At Jeffrey Randa and Associates, we’ve been defending people against drunk driving charges across the Greater Detroit area since 1993.
Our first goal is always to get a client’s charges dropped or reduced. When that’s not possible, we work to avoid as many of the legal penalties and negative consequences as possible — because, as we tell every client, success in a DUI case is best measured by what does NOT happen to you.
Contact our office today for a free, confidential phone consultation. We’re available Monday through Friday, 8:30 a.m. to 5:00 p.m., at 586-465-1980, with an after-hours answering service standing by. You can also see our published fees or learn more on our High BAC / Super Drunk practice page.