"Super Drunk" High BAC in Michigan: What a 0.17 Charge Means

A look at Michigan's high BAC charge: what 0.17 means, the penalties for a first offense, the one-year license suspension and ignition interlock, how it differs from a regular OWI, and what to gather and avoid.

What is a "Super Drunk" charge in Michigan?

"Super Drunk" is the common name for high BAC, a form of OWI charged when a test shows an alcohol level of 0.17 or more. A first offense is a misdemeanor with up to 180 days in jail and a fine of $200 to $700. A conviction also brings a one-year license suspension.

What the Charge Means

Michigan's drunk driving law is MCL 257.625. A regular OWI covers driving while under the influence or with a blood alcohol content (BAC) of 0.08 or more. The high BAC section, MCL 257.625(1)(c), covers driving with an alcohol content of 0.17 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

That means the charge rests on a number. The prosecutor has to prove you were operating a vehicle and that your alcohol level was 0.17 or more. How the test was given, when it was given, and whether the equipment and procedures were done correctly can all matter.

This guide is written for people with cases in Downriver (Wayne County), Monroe County, and elsewhere in Michigan.

What is the penalty for a first high BAC offense in Michigan?

A first high BAC offense is a misdemeanor punishable by up to 180 days in jail, a fine of $200 to $700, and up to 360 hours of community service.

Those limits come from MCL 257.625(9)(a). Compare that with a regular first OWI, which carries up to 93 days in jail and a fine of $100 to $500. The court can also order vehicle immobilization after a first offense. Court costs and probation conditions are often added on top of the fine.

A high BAC conviction also requires treatment. Under MCL 257.625b(5), the court must order you to take part in and successfully complete at least one rehabilitative program, such as an alcohol treatment program or a self-help program, for at least one year.

A high BAC charge with a prior conviction is handled under the repeat-offense rules. See my guide on a second-offense OWI.

What happens to my license after a high BAC conviction?

For a first high BAC conviction with no prior convictions in seven years, the Secretary of State suspends your license for one year, with no driving at all for the first 45 days.

After the first 45 days, you may get a restricted license. Under MCL 257.319, you can drive on that restricted license only in a vehicle with an approved ignition interlock device. The device can be removed only after the provider confirms you have not reached or exceeded the blood alcohol level set in the statute while using it. Plan for the cost and the hassle of the device, and follow its rules exactly.

The Early Steps Are the Same as Any OWI

The first weeks after a high BAC arrest look a lot like any OWI arrest. You are usually released on bond with conditions, such as no alcohol and testing. If you were given a paper permit in place of your license, keep it with you. If the officer wrote that you refused a test, you have only 14 days to request a hearing with the Secretary of State. My OWI guide covers these first 30 days in detail.

Can a high BAC charge be reduced?

Sometimes a high BAC charge is resolved as a lower drunk driving offense, but that depends on the evidence, your record, and the prosecutor's decision in your case.

Every case is different. A plea to a different charge changes the penalties and the license sanctions, so ask your lawyer to explain each option in writing before you decide.

What to Gather, What to Avoid, and the Bottom Line

Keep everything in one folder: your paper permit and any notices from the officer, your bond paperwork, the ticket or charging papers, any breath or blood results you were given, and your court notices. Write down when you last ate and drank, when you were stopped, and when each test was given. Share those notes only with your lawyer.

What not to do:

Do not drink if your bond says no alcohol. Testing is common.
Do not talk about your case on social media.
Do not miss court. A missed date can lead to a bench warrant.
Do not drive outside the limits of a restricted license or without a working interlock when one is required.

A high BAC charge carries more jail exposure and a longer license loss than a regular first OWI. Know your deadlines, follow your bond, and get answers about your own case early.

How I Can Help

If you are facing a high BAC charge in Downriver (Wayne County), Monroe County, or nearby, I can review your paperwork and the test results, explain the process and your options, and represent you in court.

Call (734) 775-9327 or use my contact form for a free consultation.

This guide is general information about Michigan law, not legal advice. Laws change, and every case is different. Reading this page does not create an attorney-client relationship.