My team and I handle a lot of High BAC (Super Drunk) DUI cases. That’s the formal name for what many people call a “Super Drunk” charge — Operating While Intoxicated with a blood alcohol content of .17 or greater. Anyone facing one of these charges is going to have a lot of questions, and the most important one isn’t always “what are the penalties?” It’s “what can actually be done about this?”
That’s the question this article is going to answer.
For a more detailed breakdown of exactly what the statutory penalties are in a High BAC case, the reader can check out our companion article on Michigan High BAC cases. What we’re going to focus on here is the real-world side of things — how these cases actually play out, what a lawyer can and can’t do, and why the decisions made in the early stages of a High BAC case matter more than most people realize.
Let’s start with the thing everyone is most afraid of.
Jail in a High BAC (Super Drunk) DUI Case
The law allows for up to 180 days in jail for a first-offense High BAC conviction. In practice, in more than 35 years of handling DUI cases in the Metro-Detroit area — Wayne, Oakland, Macomb and the surrounding counties — my team and I have had tremendous success keeping clients out of jail entirely, even in High BAC cases. To be clear, that’s not a guarantee for any particular case, because every case is different and every court is different. But jail is far from inevitable in a first-offense High BAC, and a good lawyer is going to work hard to make sure it stays off the table.
The reason that “up to 180 days” matters even if it never gets imposed has to do with probation. Anyone convicted of a first-offense DUI — High BAC or otherwise — can count on being placed on probation. That probation will typically run anywhere from 12 to 24 months, and it comes with conditions: no drinking, no drugs, periodic breath and urine testing, mandatory alcohol counseling, and whatever else the specific court requires.
That maximum jail term is held in reserve as a potential consequence for violating any of those conditions. The first violation usually results in increased testing and a stern warning. A second violation might result in a short jail sentence. By the third time, though, a Judge’s patience will have typically run out. That’s the real reason the “up to 180 days” matters.
The License Penalty — and Why It’s the Most Important Thing to Fight
Here is where the stakes get real. Unlike most of the other consequences in a High BAC case, the driver’s license penalty is not discretionary. Once a person is convicted of OWI with a BAC of .17 or greater, the Michigan Secretary of State must, by law, impose a one-year suspension.
Under the law, a person cannot drive at all for the first 45 days. This is sometimes called a “hard suspension.” The judge has no authority over it whatsoever, and cannot modify it, reduce it, or work around it in any way.
After 45 days, the Michigan Secretary of State will issue a restricted license — but only after the person installs an approved ignition interlock device. This license allows driving to, from and during work, and to and from things like school, medical appointments, court-ordered obligations, and the interlock service provider. That’s it. No grocery store. No gym. No picking up the kids from practice unless school is involved.
This penalty is specifically designed to be inconvenient, and it is.
The restricted license, the interlock requirement, the 45-day hard suspension — none of that can be avoided once a High BAC conviction is on the books. This is precisely why a DUI lawyer must do everything to avoid or reduce that conviction before it happens.
What a Lawyer Actually Does
The first job in any DUI case is to look hard at the evidence and find out whether the case can be beaten outright. That means examining the traffic stop itself, the administration of field sobriety tests, the breath or blood test results, the chain of custody and testing procedure for the chemical evidence, and whether the arresting officer followed proper procedures at every step.
If there’s a viable challenge to the evidence, we make it. Cases do get dismissed. It happens more than the public generally understands, and it’s always the first thing we’re looking for.
When the evidence is strong enough to prevent a full dismissal, the focus shifts to negotiating to reduce the charge. In many High BAC cases, my team and I are able to work out a plea bargain that drops the charge down to either a standard OWI, or sometimes even to Operating While Visibly Impaired — what’s commonly called “impaired driving.” That distinction matters enormously.
A standard OWI carries a 6-month suspension that starts with a 30-day “hard suspension” and no interlock requirement.
An impaired driving conviction only carries a 90-day period of driving on a restricted license with NO hard suspension. For someone who depends on the ability to drive, the difference between a High BAC conviction and an impaired driving conviction can be the difference between keeping a job and losing it.
There are no guarantees in any High BAC (Super Drunk) DUI case — anyone who tells a client otherwise isn’t being honest. What we can say is that the outcome of a High BAC case is rarely determined by the initial charge. It is most often determined by what the lawyer does with the case from the moment he or she gets involved.
Why the Court Matters as Much as the Charge
One thing that surprises people is how much the location of a DUI case affects the outcome. My team and I practice in the Metro-Detroit area — Wayne, Oakland, Macomb and surrounding counties — and we know the courts, the judges, and the prosecutors in those jurisdictions. We know which prosecutors are more likely to agree to a plea to a reduced charge, and what each requires to consider that. Some want a clinically sound substance use evaluation beforehand, while others don’t.
Some judges tend to impose community service, while others don’t. Knowing how cases are handled in each court is critical. A good strategy in one court may not fly at all in another. That kind of local knowledge isn’t something a lawyer from across the state will ever have. It’s built over years of handling cases in the same courts, day-in and day-out.
This is exactly why we confine our criminal and DUI practice to the Greater-Detroit area.
This is especially true in High BAC cases, where the room for outcomes is wide. Handled well, these cases are often resolved in ways that allow a person to put the whole thing behind them relatively quickly. Handled poorly — or handed off to someone who doesn’t concentrate in this area — the consequences can follow a person for years.
The Early Decision That Matters Most in a High BAC (Super Drunk) DUI
Perhaps the most important thing to know about High BAC cases is this: the decisions made right after an arrest have a disproportionate impact on how everything turns out. People who panic and plead guilty quickly to “just get it over with” almost always end up with worse outcomes than those who take a breath, hire the right lawyer, and let the process work the way it’s supposed to.
A High BAC charge is serious. It is not, however, the end of the world — especially with the right help. The goal, from the very first conversation, is to avoid as many of the potential legal penalties and negative consequences as possible. As we’ve noted in other articles, we live by the motto that “success in a DUI case is best measured by what does NOT happen to you.”
If you’ve been charged with a High BAC offense anywhere in the Metro-Detroit area — Wayne, Oakland, Macomb, or one of the surrounding counties — be a savvy consumer and read around. Then, call around, because you can learn a lot about your exact situation by speaking with a live person, and that’s exactly what you’ll get when you call our office.
All of our consultations are free, confidential, and done over the phone, right when you call. My team and I are friendly people who will be glad to answer your questions, explain things, and even compare notes with anything some other lawyer has told you.
We can be reached Monday through Friday, from 8:30 a.m. until 5:00 p.m. (EST), at either 248-986-9700, or 586-465-1980.
