A Michigan High BAC DUI charge — commonly called ‘Super Drunk’ — is not a separate crime. It is essentially a sentencing enhancement that kicks in when a person’s breath or blood test shows a BAC of 0.17 or higher. That number triggers harsher penalties, a longer license suspension, and mandatory treatment requirements that don’t apply in a regular DUI case.
The law treats a person whose BAC was 0.17 or higher as a fundamentally different situation than someone whose result was lower, and the courts have no choice in the matter.
What that means in the real world is that the stakes go up fast — even on a first offense. But a high BAC test result is not a foregone conclusion. It’s a piece of evidence, and like any evidence, it has to be carefully examined. My team and I have been handling High BAC cases in Metro Detroit courts for over 30 years. We know where these cases have weaknesses, and we know how to use those for our clients’ advantage.
What Makes a Michigan High BAC DUI Different from a Standard OWI
A standard first-offense Operating While Intoxicated charge — the actual term for what everyone calls a DUI, often shortened to “OWI” — carries its own set of consequences: fines, possible jail time, license suspension, and probation. A High BAC conviction layers additional penalties on top of all of that. The law doubles some of the maximum exposure and adds requirements that simply don’t exist for a regular OWI.
Specifically, a High BAC conviction on a first offense carries up to 180 days in jail (compared to 93 days for standard OWI), a one-year license suspension with no driving whatsoever for the first 45 days, mandatory use of an ignition interlock device for the following 10½ months, and a required alcohol treatment program. The fines and court costs are higher as well.
Courts also tend to treat High BAC cases with more scrutiny at sentencing. A 0.17 or above tells a judge that someone was significantly impaired — at least according to the test — and that perception shapes how the case is handled from arraignment through sentencing. The simple truth is that anyone with a BAC more than double the legal limit is perceived as having developed quite a tolerance to alcohol. That’s part of why having experienced representation from the beginning matters so much in these cases.
What My Team and I Look for in a High BAC Case
The most important thing to understand about a High BAC charge is that the number on the test report is the prosecution’s starting point — not the end of the conversation. Before my team and I can assess where a case stands, we need to look carefully at every bit of the evidence, including and especially how that number was obtained.
The traffic stop comes first. Law enforcement needs a legitimate legal reason to pull someone over. If the stop was not legally justified, everything that follows — including the BAC result — may be challengeable. It’s often where the most important opportunities in a case either exist or don’t.
From there, we look at the testing itself. Breathalyzers have to be properly maintained and calibrated. The officer administering the test has to follow specific protocols. Blood draws require their own chain of custody and handling procedures. Any break in that chain or problem with the collection or handling of the evidence is worth examining. We also look at whether medical conditions, prescription medications, or other physiological factors could have affected the result.
Beyond the evidence, there’s the question of what can realistically be achieved in the specific court where the case is pending. In some situations, a High BAC charge can be negotiated down to a standard OWI or even lower, to an impaired driving charge. That kind of outcome has a meaningful impact on everything from the license consequences to what ends up on your record.
The goal in every DUI case is to get the whole thing dismissed entirely. If the evidence is strong enough to survive a legal challenge, then the focus shifts to avoiding 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. We don’t make promises about outcomes — no lawyer can — but we do give people an honest picture of where things stand and what we think is possible. We also pledge to do everything humanly and legally possible to produce the very best outcome in your case.
What a Michigan High BAC DUI Conviction Does to Your Driver’s License
A first-offense High BAC conviction results in a one-year suspension of your driver’s license. For the first 45 days of that suspension, there is no restricted driving available — none. After the 45-day hard suspension, restricted driving is available, but only after an ignition interlock device has been installed on your vehicle. That requirement applies for the remaining 10½ months of the suspension period.
That’s a huge inconvenience for most people. Getting to work, handling family obligations, managing everyday life — all of it becomes more complicated. One of the primary goals our firm focuses on from the start is limiting the damage to your ability to drive, which is often what clients are most concerned about.
Why the Court and the County Matter
High BAC cases are decided in Michigan’s local district courts, and how these cases are managed varies more than most people realize. The local court’s expectations around sentencing, treatment programs, probation requirements, and plea negotiations can differ significantly from one jurisdiction to the next — even within Metro Detroit. For a deeper look at how these cases unfold and what a lawyer does with them, see our detailed article on Michigan High BAC DUI cases.
Our firm regularly handles cases in Wayne, Oakland, and Macomb Counties, as well as surrounding communities. That familiarity with local courts, local prosecutors, and local judges is very important. It shapes how we approach each case and what we realistically pursue on behalf of our clients.
Talk to Our Firm About Your Michigan High BAC DUI Charge
If you’re facing a High BAC or Super Drunk DUI charge in Wayne, Oakland, Macomb, or a surrounding county, the time to get informed is now — not after your next court date. My team and I have handled these cases for a long time. We know where they can go and what it takes to get the best result possible.
Our consultations are free, confidential, and done over the phone right when you call. Whoever picks up will be glad to answer your questions and give you an honest picture of what you’re facing — no sugarcoating, but no pressure either.
Call us at 586-465-1980, use the contact form on our website, or use the chat box on our site. You can also read more about how we handle these cases in our detailed article on Michigan High BAC DUI cases.
High BAC DUI — Frequently Asked Questions
Can a High BAC charge be reduced to a lesser charge?
In plenty of cases, yes. Whether a reduction is possible depends on things like your prior record, who you are as a person, the strength of the evidence, the specific facts of the case, and the practices of the court where the case is pending. It’s not guaranteed, but it’s one of the outcomes our firm works toward when the facts support it. A plea bargain from High BAC to standard OWI — or even to impaired driving (OWVI, the least serious of the DUI offenses) — makes a meaningful difference in both the immediate penalties and the long-term record consequences.
What if I refused the breath or blood test?
Refusing chemical testing triggers its own set of consequences under Michigan’s implied consent law, including an automatic license suspension. A refusal does not prevent the prosecution from charging you with OWI. Most of the time, the police will get a warrant and take a blood sample. The consequences of a refusal are worth discussing specifically during a consultation.
Can I be charged with High BAC if I wasn’t actually driving?
Possibly. Michigan’s OWI law is based on “operation,” which courts have interpreted broadly to include situations where someone is in physical control of a vehicle even if it isn’t moving or even running. Whether a sleeping-in-the-car scenario leads to a charge — and whether that charge holds up — depends on the specific facts. It’s the kind of situation where early legal advice makes a real difference.
Is a restricted license available after a High BAC conviction?
After the mandatory 45-day hard suspension, restricted driving is available — but only with an ignition interlock device on your vehicle. The interlock requirement applies throughout the following 10½-month restricted period. Understanding exactly what is and isn’t permitted while on a restricted license is important before getting back behind the wheel.