What is the Penalty for a High BAC (Super Drunk) Charge in Michigan?

By Jeffrey Randa

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Drunk Driving

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Published on Sep 06, 2025

Michigan laws carry serious penalties for anyone convicted of driving while intoxicated. The state’s DUI laws provide for additional consequences for anyone found to have driven with a BAC of 0.17 or higher. What are the penalties for High BAC (Super Drunk) charges in Michigan? This article outlines the key consequences you need to understand.

Understanding Michigan’s Super Drunk Laws

Michigan enforces a High BAC (super drunk) OWI law (the actual name in Michigan for what everyone just calls a “DUI” is “Operating While Intoxicated,” or “OWI,” for short) that applies when a driver is found operating a vehicle with a blood alcohol concentration (BAC) of 0.17 or higher. Penalties are harsher than for a standard DUI and include:

• Up to 180 days in jail
• Fines between $200 and $700
• Up to 360 hours of community service
• A one-year license suspension
• Potential requirement to install an ignition interlock if a restricted license is granted
• Mandatory participation in alcohol counseling/treatment program

These increased penalties are meant to be a disincentive. The problem, of course, is that most often a DUI just “happens,” and represents, more than anything else, a lapse in judgment.

Why the Courts Treat High BAC Criminal Cases Differently

Michigan law separates high BAC cases from standard OWI charges due to the potentially more dangerous consequences of a highly intoxicated driver. Any drunk driver is a danger on the road, but someone with a BAC of 0.17 is significantly more impaired and more at risk to cause a collision that could harm or kill someone.

Statistically, drunk drivers are also more likely to drive over the speed limit or cause a head-on collision. To deter drivers from engaging in this behavior, the law imposes harsher penalties under the High BAC offenses. These penalties are intended to prevent someone who is really drunk from getting behind the wheel. The goal is both punishment and prevention.

Yet for all of that, often enough, a DUI just “happens.” Nobody every plans to go out and get arrested for drunk driving. Sometimes, though, life can take a strange turn and an otherwise law-abiding, good and productive member of society may find him or herself in a bad situation.

The Collateral Consequences of a High BAC Conviction

A High BAC (super drunk) conviction in Michigan carries consequences that go far beyond fines or jail. You face a mandatory one-year driver’s license suspension. Under the law, your driver’s license will be suspended for 1 year, but you can get a restricted license after 45 days, upon presenting proof to the Michigan Secretary of State that you have installed an approved ignition interlock unit (BAIID) in your vehicle. The restrictions and interlock requirement continue for the remaining 10 and 1/2 months of the suspension period.

While this is better than an outright license revocation, the 45 day “hard” suspension and following restrictions can disrupt your employment, education, and family responsibilities. This is a key reason we need to try and avoid a conviction for High BAC at all costs. Even if the evidence is solid, we can often negotiate a plea bargain to a lesser offense that will protect your license.

Insurance premiums typically go up following any DUI conviction. Professional licenses, security clearances, or careers requiring a clean record can also be put in jeopardy. The courts must order anyone convicted of a High BAC offense to undergo some kind of alcohol counseling or treatment.

The fallout from this enhanced DUI offense can linger long after the court case ends, which makes it essential to mount an intelligent defense that will safeguard both your freedom and your future opportunities.

Hire a High BAC (Super Drunk) DUI Lawyer

An arrest under Michigan’s Super Drunk law can place your freedom in jeopardy. Your first step should be to hire a real Michigan DUI lawyer, like us, who have extensive experience defending clients in High BAC  cases. We will do everything to protect you from a conviction and/or the fallout of a bad decision.

As attorneys who primarily focus on DUI cases, we know how to carefully examine the evidence against you. We have decades of experience successfully handling High BAC DUI cases and securing reduced or dropped charges.

Whether your case gets dismissed because we can suppress evidence, or we work something out through plea bargain negotiations, having top-notch representation from a Michigan HIGH BAC DUI attorney from our firm will ensure you get the best result possible.

No matter what, the ultimate goal in a DUI case is to either get the case thrown out of court, or, if the evidence is solid enough to prevent that, then to avoid as many of the legal penalties and negative consequences as possible.

Our firm lives by the motto that “Success in a DUI case is best measured by what does NOT happen to you.”

FAQs

What Happens When You Get Arrested With a High BAC in Michigan?

If you are pulled over and arrested for having a BAC of 0.17 or higher, you will likely be charged under Michigan’s Super Drunk, High BAC law. As noted above, this misdemeanor drunk driving offense carries enhanced penalties beyond what a normal DUI would carry. Potential penalties include being jailed for up to 180 days, fines of up to $700, mandatory substance abuse counseling or treatment, up to 360 hours of community service, and serious driver’s license consequences.

Do First-Time Offenders Get Breaks in Criminal Court?

First-time offenders stand a much better chance of receiving leniency by the courts anytime the offense is minor, non-violent, and there are no aggravating factors tied to the case. That said, a High BAC charge, while not a major offense, is still more serious than a simple, straight-up OWI charge.

It doesn’t take a lot to understand that being caught with a high BAC that is more than twice the legal limit of .08 is seen by the courts as an indication that you have developed a high tolerance to alcohol. From there, the next inference is that you have at least some kind of risky relationship to alcohol. This is one key reason why having strong legal representation in these cases is crucial for protecting your freedom.

How Many DUIs Are a Felony in Michigan?

In Michigan, a third DUI arrest at any in a person’s lifetime is automatically a felony. First and second offenses are misdemeanors, unless there are aggravating factors involved, like serious injury or death. A felony charge is a significant escalation that can lead to a state prison sentence and the long-term loss of your driving privileges.

Fortunately, a person can ONLY be charged with a High BAC offense as a first offender. A High BAC (Super Drunk) charge cannot be made in a second offense or third offense DUI case.

Can I Beat a Super Drunk Charge?

If the facts are in your favor, and with the kind of strong legal representation we provide, you can beat a super drunk charge. Beating a drunk driving charge requires, experience, skill, and a thorough understanding of the state’s DUI laws and rules of evidence. It also requires knowing what kind of arguments will and won’t fly in any particular judge’s courtroom.

In many cases, with the right defense strategy, your charges can be reduced or even dropped altogether.

Michigan High BAC (super drunk) DUI Lawyer

A High BAC (super drunk) charge in Michigan is far more serious than a simple OWI and carries the risk of increased jail time, steep fines, treatment requirements, and the loss of your driver’s license. The potential negative consequences from this charge need to be avoided and/or minimized.

At Jeffrey Randa and Associates, we bring decades of experience successfully defending drivers across the Metro Detroit area of Wayne, Oakland, Macomb, and surrounding counties. Our team is committed to making sure you get the very best outcome possible in your case.

Contact our office today for a free, confidential consultation to see how we can help. We are very friendly people who will be glad to answer your questions and explain things, right when you call.