Most people charged with Michigan's High BAC offense, the one everybody calls Super Drunk, learn what it is standing at a booking counter, staring at a breath test printout that reads .17 or higher. An evening in downtown Plymouth ends, the DataMaster spits out a number, and a driver who expected a standard first offense OWI discovers they've been charged with something that carries longer license sanctions, higher fines, more jail exposure, and a mandatory ignition interlock. If that's where you are right now, here's what the charge means and what to expect at the 35th District Court, starting with the fact that the number on that printout is not the end of the story.
What makes an OWI a Super Drunk charge?
Under MCL 257.625(1)(c), Operating With a High BAC applies when a driver's blood alcohol content is .17 or higher, which is approximately twice the legal limit of .08. The threshold is calculated from the chemical test result, typically a breath sample on a DataMaster DMT or Intoxilyzer 9000, or a blood draw. For most people, reaching .17 requires significant consumption in a relatively short window: multiple drinks in quick succession, drinking on an empty stomach, higher alcohol drinks like cocktails or wine, or a long evening capped by a final drink that pushes the BAC over the threshold by the time testing happens at the station. That last scenario matters more than people realize, because the number the machine records isn't necessarily the number that was in your blood while you were driving, and the gap between the two is one of the places a defense begins.
How much worse are the penalties than a standard OWI?
A first offense High BAC conviction carries up to 180 days in jail compared to 93 for standard OWI, fines of $200 to $700 compared to $100 to $500, up to 360 hours of community service, six points on the driving record, mandatory vehicle immobilization, and a substance abuse assessment with treatment. The license sanction is where the difference really bites: a one year suspension that begins with 45 days of no driving at all, compared to 30 days hard and 150 days restricted for standard OWI, and any restricted license after those 45 days requires an ignition interlock for the duration of the restricted period. The interlock is the single most disruptive feature of a High BAC conviction. The device has to be installed in any vehicle you operate, it demands a breath sample before the car starts and at random intervals while you drive, and it reports any positive sample to the Secretary of State, which means a year of proving your sobriety to a machine every time you leave the house.
What happens at the 35th District Court?
The 35th District Court in Plymouth handles all OWI cases arising in the City of Plymouth, Plymouth Township, Canton Township, and Northville, so it sees a steady volume of High BAC files, and the prosecutor's office has standard practices for charging and resolving them. Arraignments are typically scheduled within a few days of arrest, bond conditions often include a no alcohol restriction with preliminary breath testing, and pretrial conferences land roughly a month after arraignment. The court knows these cases, and both the prosecution and the defense bar that appear there handle OWI work regularly, which cuts both ways: there's no confusion about the process, and there's also no sympathy for a defendant who shows up unprepared. The month between arraignment and pretrial is where the defense work happens, which is why hiring counsel before arraignment matters.
Can a High BAC charge be reduced?
Frequently, yes, and reductions are how most defensible High BAC cases actually resolve. If the chemical test has issues, calibration problems, observation period violations, or a machine malfunction, the High BAC enhancement may not survive scrutiny, and a reduction to standard OWI removes the mandatory interlock and cuts the hard suspension from 45 days to 30. A step further down is OWVI, operating while visibly impaired, under MCL 257.625(3), which doesn't require any specific BAC and is established by visible impairment of driving ability: it carries up to 93 days, a 90 day restricted license with no hard suspension, four points, and no mandatory interlock on a first offense, and many High BAC cases resolve there when the chemical test is suppressed or the prosecutor agrees to the reduction. In cases with severe Fourth Amendment problems or a suppressed test, a charge can occasionally resolve as a non alcohol traffic offense like reckless or careless driving. Those outcomes are unusual, but they happen with the right facts, which is the point: the distance between the charge on the ticket and the disposition on the record is a function of how hard the evidence gets examined.
How do breath and blood tests get challenged?
Michigan agencies are transitioning from the DataMaster DMT to the Intoxilyzer 9000, and both machines have specific operating requirements: a 15 minute observation period before testing with no food, drink, or gum during it, two test confirmation with specified agreement between the samples, calibration logs maintained by the operating agency, and a current operator certification at the time of the test. Every one of those requirements is litigable, and a defense attorney who understands the technical operation of the machines can identify problems that compromise the BAC result. Blood cases raise a different set of questions: chain of custody of the sample, storage and transportation conditions, laboratory testing procedures, calibration of the lab equipment, and the analyst's certifications. A .17 reading feels final when you're holding the printout, but it's the output of a process with a dozen failure points, and most High BAC cases have at least one worth pressing.
What is the 14 day Implied Consent deadline?
If you refused the chemical breath or blood test after arrest, Michigan's implied consent law under MCL 257.625c triggers an automatic one year license suspension, separate from anything that happens in the criminal case. You have 14 days from the date of arrest to request an Implied Consent hearing with the Michigan Secretary of State, and that clock runs whether or not you were ultimately charged with High BAC. Missing the deadline is the most common single mistake in Michigan OWI law, because it converts a suspension you might have contested into one you simply serve. If you refused the test, calendaring that date is the first thing to do, before the arraignment, before anything else.
What does a conviction cost long term?
The consequences of a High BAC conviction extend well past the courtroom. Insurance premiums commonly rise by $3,000 to $7,000 over the following several years, the conviction appears on employment background checks, professional licensing in healthcare, law, finance, and certain trades takes a hit, Canada treats DUI as a serious crime and can refuse entry, and interlock requirements can stretch on. There's one genuine piece of good news: under MCL 780.621d, a first offense OWI, including High BAC, can be expunged after a five year waiting period from sentencing or release. The expungement is by petition only and is never automatic, but it means a conviction today doesn't have to be a permanent one, provided the next five years go well.
The number is a starting point, not a verdict
If you've been charged, calendar the Implied Consent deadline immediately, preserve everything from the night (receipts, photos, messages), identify the people who were with you and can speak to what you actually drank, document any medications and medical conditions that could affect a test result, and don't discuss the case with anyone except your attorney. High BAC cases are highly defensible when they have evidentiary or procedural issues, and most have at least one, which is exactly what our OWI defense practice is built to find. Call Boria Law at (734) 453-7806 before your arraignment. Attorney Aaron J. Boria handles High BAC cases at the 35th District Court and across Wayne County, and his job starts where the printout stops: with everything that had to go right for that .17 to be believed.
Quick answers
Can I drive at all during the 45 day hard suspension?
No. The hard suspension means no driving of any kind, for any reason, including work, school, or medical appointments. Restricted driving with an ignition interlock only becomes available after the 45 days end, and driving during the hard suspension is a new offense that makes everything worse. This is one of the strongest practical reasons to pursue a reduction, since standard OWI cuts the hard period to 30 days and OWVI has none.
Will I face alcohol testing before I'm even convicted?
Very likely. Bond conditions in 35th District Court High BAC cases routinely include a no alcohol restriction enforced by preliminary breath testing while the case is pending. A positive test or a missed test is a bond violation that can land you in jail before the case is decided, so treat bond conditions as seriously as the charge itself.
Does a High BAC conviction ever come off my record?
It can. Since 2021, MCL 780.621d allows one first offense OWI conviction, including High BAC, to be set aside by petition after a five year waiting period from sentencing or release. It's discretionary, the court doesn't have to grant it, and it never happens automatically, so the petition needs to show what you've done with the intervening years.
Related reading
- Refusing a Breath Test in Michigan: PBT vs. Chemical Test and the 14 Day Deadline
- First OWI Arrest in Plymouth: A Step by Step Guide Through 35th District Court
- Charged With OWI a Second Time in Michigan: Why Offense Two Is a Different Animal
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