Michigan Super Drunk Over 0.17 BAC, Laws and Penalties

The Short Answer

In Michigan, “Super Drunk Driving” means a bodily alcohol content (BAC) of .17 or higher. The penalties are severe and include enhanced jail exposure, higher fines, and mandatory alcohol monitoring.

However, Super Drunk cases almost always rely on breath-test results, and high BAC numbers are not immune from scientific or mechanical error. How the number was produced, and whether the testing process was reliable, often matters more than the number itself.

Michigan's legal limit is 0.08. When drivers are more than twice the legal limit, Michigan’s super drunk driving law creates an enhanced OWI offense. This law applies to people who drive with a BAC (Bodily Alcohol Content) of .17 or above.

Super drunk charges are among the most serious OWI charges in Michigan. Drivers what are guilty of a super drunk over .17 BAC charge therefore face an array of more serious criminal penalties and consequences. These include more jail time, more time without a driver license, more community service, longer probation, and higher fines.

A super drunk offense only applies to first offense drunk driving as penalties and driver license sanctions for second or subsequent offenses remain unchanged and more punitive than for super drunk driving. This is true even for repeat offenders with BACs at or above 0.17.

What are the Penalties for a High BAC Super Drunk Driving in Michigan?

Drivers convicted of super drunk high BAC face enhanced penalties. These include:

• Jail time - possible incarceration of up to 180 days in jail. This is nearly twice as long as a “traditional” or non-super drunk driving first offense, which is punishable by up to 93 days in jail.
• Fines and costs - fines are also higher. For a High BAC super drunk driving, the fine is $200.00-$700.00. Compared with a traditional first offense OWI in Michigan, which is punishable by a $100.00-$500.00 fine.
• Community service - you can also be ordered to complete up to 360 hours of community service.
• Driver license sanction - your driving privileges will be suspended by the State of Michigan for one full year. This year starts with “hard suspension” for the first 45 days. After that, a driver may engage in certain restricted driving activities for the following 320 days, but only if a Breath Alcohol Ignition Interlock Device (BAIID) is installed on all vehicles the offender might drive. If the person drives a car without a BAIID, then their vehicle may be immobilized if they are so convicted. Finally, a conviction will result in 6 points being added to the driving record.

There are other penalties that can be ordered by the Judge. These include stricter conditions of bond and probation, a longer overall term of probation and more intensive alcohol treatment.

Why Super Drunk Cases Depend Heavily on Breath Testing

Most Super Drunk cases are built almost entirely on breath-test evidence. Unlike cases involving obvious impairment or crashes, the enhanced charge typically hinges on a single number produced by a breath-testing instrument.

Understanding breath testing in Michigan DUI cases requires more than looking at the printed ticket. Issues such as machine instability, improper administration, breathing technique, and environmental interference can materially affect reported BAC results—particularly at higher levels.

In many cases, the outcome turns on a close review of the Intoxilyzer 9000 breath test data, including the machine’s internal diagnostics and whether the testing process was scientifically reliable.

Why a High BAC Number Is Not Automatically Reliable

Many people assume that higher BAC results are more reliable. In reality, breath testing is sensitive to physiological and mechanical variables regardless of the reported number.

Scientific research has shown that breathing technique alone can produce materially different results in the same person. Longer or forced exhalations, often encouraged when a machine rejects samples, can inflate reported BAC levels.

For readers who want a deeper technical explanation of why breath-test numbers can vary, these issues are discussed in peer-reviewed legal and scientific literature.

Multiple Breath Attempts and Inflated Results

In some Super Drunk cases, individuals are required to blow repeatedly before a result is recorded. Multiple rejected samples are not meaningless. They can indicate that the machine struggled to obtain a stable reading.

Repeated forced attempts may also encourage breathing patterns known to elevate reported BAC results, particularly when officers instruct subjects to “keep blowing.”

Frequently Asked Questions About Super Drunk Driving in Michigan

How to Avoid the Enhanced Penalties of Super Drunk Driving

Other than avoiding the conviction, there is no way to avoid many of the more serious penalties. For example, you cannot avoid the one-year license sanction. This is because the Secretary of State imposes this suspension as soon as they learn from the Court that the conviction has occurred. After that there is no available “due process” meaning there is no opportunity to be heard as to why the one-year suspension should not be imposed.

The only way to avoid the enhanced penalties therefore is to engage an OWI defense attorney who knows the importance of zealously defending clients accused of this serious crime. Armed with a proper defense, some or all the enhanced penalties can be avoided.

Will My Super Drunk 0.17 BAC Case be Reduced?

As it relates to plea negotiations, some prosecuting attorneys have policies that will not allow a super drunk case to be reduced, meaning there is no plea bargaining. In these cases, if no motions are available or successful, the client must either plead guilty as charged or stand trial.

The decision of whether to go to trial is one that only a client can make after a thorough evaluation and examination of the case by their attorney. Our article entitled Should I Take my Drunk Driving Case to Trial or Just Plead Guilty will help you make this decision.

In some cases, if there is no plea bargain offered then a trial will make sense either because the client cannot endure the harsh penalties, or when a defense exists. For example, a High BAC OWI is based 100% on the breath or blood test.

If there is any reason to believe that the breath test is flawed, that it is inaccurate or unreliable, then a trial may make sense. There are many possible defenses to a High BAC OWI, and these should be discussed with your attorney.

Will I Go to Jail if I’m Convicted of High BAC Super Drunk Driving?

The answer to this question can only be determined after a person’s case and prior record have been evaluated. The court/judge before which the case is pending will also make a big difference. Winning motions, winning at trial, or engaging in meaningful plea negotiations can also be a factor in whether a person goes to jail, and for how long.

If you are facing a High BAC super drunk driving charge in Michigan, contact the Top DUI lawyers at the Barone Defense. We will explain how we can help you obtain the best possible result. Be sure to ask for your free no obligation case review.

Additional Consequences of a Super Drunk Conviction in Michigan

Judges don't look very favorably upon drivers who are convicted of a super drunk offense in Michigan. For this reason, the penalties you're likely to receive may be more severe than if you're able to plead down to a normal DUI/OWI offense. The additional consequences of a super drunk conviction include:

• A longer probationary period
• Mandatory jail time of up to 6 months
• Needing to keep a BAIID on your vehicle for at least one year
• Court-ordered alcohol treatment programs for up to 1 year

Next Steps in a Michigan Super Drunk Case

Because Michigan’s “Super Drunk” law applies at a BAC of 0.17 or higher and carries enhanced penalties, early evaluation of the chemical test evidence is critical.

In many cases, the reported BAC is treated as conclusive. But high-BAC cases often depend entirely on breath-test reliability, testing conditions, and how the result was obtained.

At Barone Defense Firm, we review the underlying breath-test data—not just the printed number—to determine whether the evidence supports the charge.

To speak with an attorney, call (248) 306-9158 or 1-877-ALL-MICH (877-255-6424) for a confidential consultation.