Michigan High BAC (Super Drunk) DUI With Over 0.17% BAC – Laws & Penalties

Not all driving under the influence (DUI) charges are treated the same in Michigan’s criminal courts. A prior conviction for an OWI (“Operating While Intoxicated,” the actual term for what everyone calls a “DUI”)  offense can lead to enhanced penalties. A first-time conviction can lead to serious consequences if the driver is found to be highly intoxicated.

So, how does the Michigan High BAC (Super Drunk) law over 0.17% BAC work, and can it affect someone’s criminal case? The state’s DUI laws are complex, but the following overview can help you better understand the law and its implications in DUI cases.

What Is Michigan’s Super Drunk 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.

The law aims to reduce the number of severely impaired drivers on the roads in Michigan, whether traveling I-75 through Detroit, U.S. Route 23 near Ann Arbor, Woodward Avenue in Oakland County, M-59 running across Macomb County, or I-94 stretching through Wayne County and beyond.

Unlike a standard first-offense DUI, a Super Drunk charge is treated as an “enhanced” DUI under Michigan’s DUI laws and comes with more severe consequences.

Understanding DUI Statistics in Michigan

Whether a crash is caused by someone near or well over the legal BAC limit, the consequences for injured victims can be significant. According to the Michigan State Police, alcohol-involved crashes have shown a modest decline in recent years.

In 2024, the total number of alcohol-related accidents dropped to 8,542 statewide, a nearly 9% decrease from two years earlier and only the second time in a decade that the figure dipped below 9,000. In 2023, Wayne County reported the highest number of alcohol-related crashes with 1,360 incidents, far more than any other county. Across neighborhoods in Wayne, Oakland and Macomb counties, drivers face the reality that a night out can end in an overnight stay in jail.

DUI cases are taken seriously in Michigan, and the courts are showing less and less patience for them

Penalties for a First-Time Super Drunk Offender

A first conviction under the state’s High BAC 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

These consequences can disrupt a person’s work and personal life. A person convicted of a High BAC offense can have his or her driving privileges reinstated 45 days into his or her suspension, but only after installation of an ignition interlock device.

Consequences for Repeat Offenders

Anyone with a prior DUI conviction within seven years can 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.

Jeffrey Randa and Associates’ attorneys represent clients facing all DUI charges, including High BAC DUIs. Our Michigan Super Drunk DUI attorney understands the stakes in these types of cases and can explore effective legal defense strategies that can lead to dropped or reduced charges. The decision to hire a DUI lawyer can seriously improve your chances of avoiding jail or even prison time.

The right defense approach can challenge the prosecution’s case or, if the evidence is strong enough, avoid as many of the potential legal penalties and negative consequences possible. Whatever else, our job is to do just that, and produce the best outcome possible in YOUR case. Every case is unique, so your defense needs to be, as well.

FAQs

What BAC Is Considered Super Drunk in Michigan?

Michigan’s Super Drunk law applies when a driver’s blood alcohol concentration (BAC) is 0.17% or higher and who either do not have a prior DUI convictions within 7 years, or who do not have 2 prior DUI convictions at any point within their lifetimes. These cases are often called High BAC OWI (DUI) or Super Drunk OWI (DUI). 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 of Oakland, Macomb, Wayne 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 signifcantly reduce the penalties you are facing.

What Is a High BAC or “Super Drunk” Charge?

A High BAC (“Super Drunk”) charge in Michigan refers to driving with a BAC of 0.17% or higher. It is considered an enhanced DUI and comes with stricter consequences than a first-offense DUI. While the consequences for a Super Drunk conviction can be life-altering, these types of charges can be beaten. A defense attorney with years of experience can scrutinize the evidence to find weaknesses in the state’s case against you.

Does Michigan Have a Zero-Tolerance Law for Drivers Under 21?

Yes. Michigan enforces a zero-tolerance law for drivers under the age of 21. That means anyone under 21 can face a kind of DUI charge for having a BAC of 0.02% or higher. These cases are taken seriously, and defendants still have the option of fighting these charges by examining the evidence used against them and seeking remedies to the charges that can reduce the penalties the person is facing.

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 to get our clients’ charges are dropped. If the evidence is strong enough to prevent that, then we’ll do whatever is necessary to avoid as many of the legal penalties and negative consequences as possible. We understand that our clients look to us to shield them from serious penalties, and we do the work necessary to deliver positive results.

Ultimately, we live by the motto that “success in a DUI case is best measured by what does NOT happen to you.”

Contact our legal team today for a free, confidential consultation, done over the phone, right when you call. We are very friendly people who will be glad to answer your questions and help you explore your options.