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OWI defense

Michigan “Super Drunk” High BAC charges

A blood alcohol level of 0.17 or more brings harsher penalties. The test result is often where the case is won or lost.

Quick answer

Michigan’s “Super Drunk” law applies when your blood alcohol is 0.17 or higher. A first offense carries up to 180 days in jail, a $200 to $700 fine, mandatory alcohol treatment and a one-year license suspension, with a possible restricted license with ignition interlock after 45 days.

Michigan treats a blood alcohol level of 0.17 or higher, more than twice the 0.08 limit, as a separate and more serious charge often called “Super Drunk” or High BAC.

High BAC penalties for a first offense

ConsequenceWhat the law provides
JailUp to 180 days
Fines$200 to $700, plus costs
Driver’s licenseSuspended for 1 year; after 45 days, a restricted license may be available with an ignition interlock device
TreatmentMandatory alcohol treatment program
Driving record6 points

First-offense High BAC penalties under Michigan law, summarized. Repeat offenses carry harsher penalties.

Why the test result is the battleground

In a High BAC case, the difference between 0.16 and 0.17 can mean the difference between a standard OWI and a much harsher penalty. That makes the breath or blood test the center of the defense. We examine whether the DataMaster was properly certified and maintained, whether the required observation period was followed, whether a blood sample was drawn, stored and tested properly, and whether the timing of the test reflects your level while driving.

Even when the evidence is strong, negotiating the charge down to a standard OWI can preserve your ability to drive sooner. See all Michigan OWI charges.

Frequently asked questions

What BAC counts as Super Drunk in Michigan?

A bodily alcohol content of 0.17 or more. The standard OWI limit is 0.08.

Can a High BAC charge be reduced?

Often, yes. Depending on the evidence, a High BAC charge may be reduced to a standard OWI or OWVI, which carries significantly lighter license consequences. Challenges to the breath or blood test are especially important in these cases.

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