Michigan’s “Super Drunk” law, enacted in 2010, creates a separate criminal offense for drivers arrested with a Blood Alcohol Concentration (BAC) of 0.17 or higher, which is over twice Michigan’s standard legal limit of 0.08. This High BAC law imposes a potential jail sentence of up to 180 days compared to 93 days for a standard first-offense OWI. Other potential penalties include a longer license suspension, higher fines, and installing a Breath Alcohol Ignition Interlock Device (BAIID) on your vehicle if you want restricted driving privileges.
This article explains exactly what triggers a Super Drunk DUI charge in the state of Michigan, compares the penalties to standard OWI consequences in detail, and outlines how a DUI defense lawyer can help.
What Triggers A Super Drunk DUI Charge in Michigan?
This charge, officially called “Operating While Intoxicated with a High BAC,” applies when your Blood Alcohol Concentration measures 0.17 or above at the time of testing. This threshold represents a level of intoxication where most people experience significant impairment: slurred speech, poor balance, and an inability to drive safely.
Note: Michigan’s High BAC OWI statute can be charged even if a driver has a prior OWI, but many prosecutors do not use the High BAC charge when there’s a prior within seven years, because those cases fall under Michigan’s repeat-offender OWI statutes.
Prosecutors don’t need to prove you were driving recklessly or caused an accident: under Michigan law, the BAC result alone is enough to support the charge. If any chemical tests show 0.17 or higher and you were operating a motor vehicle at the time of arrest, you meet the legal criteria for a Super Drunk OWI charge unless your prior record puts you in the repeat-offender category
Comparing Super Drunk OWI Penalties To Standard OWI
The differences between a High BAC “Super Drunk” charge and a standard first-offense OWI are significant. Here’s how the two charges compare:
- Jail Time: A standard first-offense OWI (BAC 0.08–0.16) carries a maximum jail sentence of 93 days, while a High BAC conviction allows judges to impose up to 180 days in jail under MCL 257.625(9)(a)(iii), giving the court authority to impose a longer sentence if supported by the record.
- Fines: Standard OWI fines range from $100 to $500. High BAC fines increase to $200 to $700. Both charges also include court costs, which are added on top of the base fine.
- License Suspension: A first-offense OWI comes with a 30-day hard suspension, followed by 150 days of restricted driving. High BAC penalties involve a 45-day hard suspension and 320 days of restricted driving with a Breath Alcohol Ignition Interlock Device (BAIID) on every vehicle they operate.
How the Breath Alcohol Ignition Interlock Device Works
A BAIID is a breathalyzer unit wired into your vehicle’s ignition system. Before you can start your car, you must blow into the device, which measures your BAC. If the reading shows any alcohol in your system, the vehicle won’t start.
The device requires rolling retests while you’re driving. Every five to 15 minutes after you start the car, the BAIID beeps and prompts you to blow into it again. You have a few minutes to pull over safely and provide a breath sample. If you fail to provide a sample or if the retest detects alcohol, the device logs a violation and triggers your horn and lights until you turn off the engine.
Installation costs normally run between $100 and $150, and you’ll pay a monthly monitoring fee for as long as the device stays on your vehicle. For a Super Drunk conviction requiring a full year of BAIID use, you’re looking at additional device costs on top of fines and court fees. The state won’t reduce this requirement or allow you to drive without the device during your restricted driving period.
Your BAIID sends data to the Secretary of State every month. This report shows every time you started your car, every retest you took, and any violations you triggered. If the device records multiple violations, such as failed breath tests or attempts to tamper with the unit, the Secretary of State can extend your restrictions or revoke your limited driving privileges entirely.
The 45-Day Hard Suspension Period
Hard suspension means exactly what it sounds like: you can’t drive at all, for any reason. No trips to work, no grocery runs, no medical appointments, and no exceptions for family emergencies. If police catch you behind the wheel during this period, you face additional criminal charges for driving on a suspended license.
This 45-day window begins the moment the Secretary of State receives notice of your conviction under the Michigan High BAC law. You can’t apply for restricted privileges during this time, and installing a BAIID won’t change the restriction. The calendar runs consecutively from day one through day 45, and Michigan’s criminal courts have no authority to shorten this period or grant you work permits.
Most people facing this DUI law restriction need to arrange alternative transportation before their conviction date, such as rideshare services, public transportation, carpooling with coworkers, or help from family members. Some employers allow temporary remote work arrangements, but you’ll need to request this accommodation before you lose your driving privileges. Missing work because you can’t drive isn’t a valid legal excuse, and employers in Michigan can terminate you for attendance issues even if they stem from a suspended license.
After 45 days pass, you can petition for restricted driving privileges. The Secretary of State will grant them automatically if you’ve installed a BAIID and paid all required fees. Your restricted license allows travel to and from work, school, medical appointments, court-ordered programs like alcohol treatment, grocery shopping, and childcare duties. Social outings, visiting friends, and recreational trips remain prohibited under restricted privileges.
Arrested Under Michigan’s Super Drunk Law? Get a Free Consultation From an OWI Defense Attorney
Being convicted under the Super Drunk law introduces a wide and long-lasting range of consequences. That’s why you should hire a criminal defense lawyer as soon as you’re arrested: prosecutors are aggressive when pursuing drunk driving charges, and you deserve to have someone equally determined in your corner.
Attorney Shaun R. Marks has defended thousands of OWI cases over his nearly three decades of practice. He’s certified by the National Highway Traffic Safety Administration in standard field sobriety testing (the same training police officers receive) and has completed specialized training in DataMaster breath testing devices. This technical insight helps him identify flaws in blood alcohol content testing that other attorneys might miss.
If you’re facing a Super Drunk charge in Genesee or Oakland County, contact Attorney Marks at (248) 453-2390 for a free consultation. He’ll review your arrest, explain your options, and outline a defense strategy for your case. The sooner you involve an experienced OWI defense attorney, the more options you’ll have for challenging the evidence and protecting your driving privileges. Don’t wait: call today to schedule your free case review.
Criminal defense attorney Shaun Marks had received his Juris Doctor degree with Cum Laude honors from the Detroit College of Law in 1994. He received his undergraduate degree in Criminal Justice from the University of Michigan-Flint. He has served in the U.S. Air force Security Police and as an Assistant city Attorney for the City of Flint. He has also worked in the office of former U.S. Senator Donald Riegle. Attorney Marks has successfully represented thousands of clients in criminal matters in state and federal courts across Michigan.
