Understanding 'Super Drunk' Laws in Michigan: What You Need to Know Before Holiday Party Cheers

What is the “Super Drunk” Law in Michigan?

Michigan’s “Super Drunk” law, officially known as the High Blood Alcohol Content (BAC) law, applies to first-time OWI offenders who operate a vehicle with a BAC of 0.17 or higher. The statute was added to strengthen penalties for those who drive with a significantly elevated alcohol level.

The law is found under MCL 257.625(1)(c), part of the state’s Motor Vehicle Code. This provision makes it a misdemeanor to operate a vehicle when your BAC is 0.17 or greater, even if it’s your first offense. The term “Super Drunk” is a nickname that came from the significant jump in penalties when compared to a standard OWI.

It’s critical to note that this law only applies to drivers who are not repeat offenders for OWI within the previous seven years. If you already have a prior drunk driving conviction, any new drunk driving offense will already be treated as a more serious charge, possibly even a felony if it’s your third offense.

OWI vs. Super Drunk – Understanding the Difference

A standard OWI and a Super Drunk charge both involve operating a vehicle while intoxicated, but the level of alcohol in the bloodstream and the resulting penalties are what set them apart. Here’s a breakdown of how they differ:

Standard OWI (Operating While Intoxicated)

• BAC Level: 0.08 to 0.16
• Classification: Misdemeanor (for first offense)
• Penalties:
  • Up to 93 days in jail
  • Fine of $100–$500
  • Up to 360 hours of community service
  • Driver’s license suspension for six months (eligible for restricted license after 30 days)
  • Possible vehicle immobilization

Super Drunk / High BAC (0.17 or Higher)

• BAC Level: 0.17 or above
• Classification: Misdemeanor (first offense, but more severe)
• Penalties:
  • Up to 180 days in jail (double the possible jail time of a standard OWI)
  • Fine of $200–$700
  • Up to 360 hours of community service
  • Mandatory completion of an alcohol treatment program
  • One-year driver’s license suspension
  • Possible vehicle immobilization

Unlike a standard OWI, the court is required to impose alcohol treatment as part of sentencing for a Super Drunk conviction. The Michigan Secretary of State also imposes stricter license sanctions, which can make driving again extremely difficult.

Driver’s License Consequences for a Super Drunk Conviction

When convicted under Michigan’s Super Drunk law, the driver’s license consequences are significantly more severe than a standard OWI. The suspension and restriction schedule looks like this:

• First 45 Days: No driving privileges at all. Your license is fully suspended.
• Next 320 Days: Restricted driving privileges available only with the installation of an ignition interlock device (commonly known as a Breath Alcohol Ignition Interlock Device or BAIID) in your vehicle.

A restricted license with an interlock device allows driving only for specific purposes such as work, school, medical treatment, or alcohol education programs. You’ll be responsible for all fees associated with the ignition interlock device—including installation and monthly monitoring costs.

If you’re caught driving without the required ignition interlock device, you can expect additional penalties, including possible jail time, further suspension, or new criminal charges.

What the Prosecutor Must Prove

In any Michigan criminal case, the burden is on the prosecution to prove guilt beyond a reasonable doubt. For a Super Drunk charge under MCL 257.625(1)(c), the prosecutor must establish these key elements:

• Operating a vehicle: You were actually operating a motor vehicle on a highway or place open to the public.
• Intoxication: Your blood alcohol content was 0.17 grams or greater per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
• Voluntary consumption: You voluntarily consumed alcohol leading to the elevated BAC level.

The BAC is typically established through chemical tests such as a breath, blood, or urine sample conducted within a reasonable time after you were stopped or arrested. Your attorney can challenge the validity of these tests if they were not properly administered or maintained.

Defending Against a Super Drunk Charge

While a Super Drunk charge sounds unbeatable, there are strong legal defenses available depending on the facts of your case. Over the years, our firm has successfully challenged many OWI and High BAC charges by closely examining the police procedures and testing protocols.

Common Defenses Include:

• Improper Stop: Police must have a valid reason, called reasonable suspicion, to initiate a traffic stop. If you were stopped illegally, all evidence obtained afterward can be suppressed.
• Unreliable Chemical Testing: Breathalyzer or Datamaster DMT devices must be properly calibrated and maintained. Even a small error in procedure can lead to inaccurate readings.
• Rising BAC Defense: Alcohol levels in the body rise over time after drinking. Your BAC at the time of testing may not have been representative of your BAC while you were actually driving.
• Medical or Dietary Conditions: Certain health conditions, such as diabetes or acid reflux, and diets like keto can falsely raise breath test results.
• Violation of Rights: If your rights were violated, such as being denied access to an attorney or not being informed of implied consent consequences, your case may be subject to dismissal or reduction.

Every case is different, which is why it’s critical to consult with an experienced Michigan DUI defense lawyer immediately if you’ve been accused of driving with a High BAC.

What to Expect in Court for a Super Drunk Charge

A Super Drunk case proceeds through Michigan’s court system much like any other OWI, though once again, the stakes are higher. Here’s what the process typically looks like:

1. Arraignment

At arraignment, you’re formally charged and advised of your rights. The judge will outline the potential penalties and determine bond conditions. It’s not uncommon for bond to include alcohol testing requirements or driving restrictions. A knowledgeable lawyer may file a waiver of arraignment to handle this stage strategically.

2. Pretrial Hearings

During the pretrial stage, your attorney and the prosecutor exchange evidence. Motions may be filed to suppress evidence—such as challenging the legality of the stop or the test accuracy. Many cases are resolved at this stage through plea negotiations.

3. Trial

If your case proceeds to trial, your attorney can present evidence, cross-examine witnesses, and argue against the reliability of the prosecution’s evidence. The case may be heard by a judge or a jury, depending on circumstances and strategy.

4. Sentencing

If convicted, sentencing will occur where penalties like jail time, probation, community service, fines, and alcohol treatment programs are imposed. For Super Drunk cases, mandatory alcohol treatment and ignition interlock requirements are part of the sentence.

Can a Super Drunk Conviction Be Expunged in Michigan?

Yes. As of August 23, 2021, Michigan now allows for the expungement (setting aside) of a first offense OWI conviction, including Super Drunk offenses, under certain conditions. However, you must wait a minimum of five years after completing your sentence before becoming eligible. The waiting period includes jail time, probation, and fines paid.

Keep in mind that only one OWI offense can be expunged in your lifetime. Repeat OWI offenders are not eligible. If you believe you qualify for expungement, it’s wise to have a Michigan expungement attorney review your case to ensure all legal requirements are satisfied.

Why the Holidays See a Spike in High BAC Arrests

The holiday season is one of the busiest times for DUI enforcement across Michigan. More social gatherings, shorter days, and road hazards increase the likelihood of accidents and arrests. When you add alcohol into the mix, the risk rises sharply. People often underestimate how much they've had to drink and end up driving with an unexpectedly high BAC level.

Our advice: If you plan on indulging during a celebration, arrange for a designated driver, a rideshare service, or stay overnight. The cost of a cab or hotel is nothing compared to the financial and personal consequences of a Super Drunk conviction.

Long-Term Consequences of a Super Drunk Conviction

While jail, fines, and license suspension are immediate, the long-term consequences of a Super Drunk conviction can follow you for years:

• Higher car insurance premiums or loss of coverage
• Negative impact on employment opportunities—especially jobs involving driving or professional licensing
• Permanent criminal record
• Possible immigration issues for non-citizens
• Social stigma and personal stress

These collateral consequences make it essential to fight a Super Drunk charge aggressively and professionally from the very beginning.

Getting Legal Help

If you or someone you know is facing a Super Drunk charge in Michigan, having the right defense attorney can make all the difference. A skilled lawyer can evaluate every part of your case—from the traffic stop to the chemical test—to identify weaknesses in the prosecution’s evidence.

Attorney Aaron J. Boria has successfully defended OWI and High BAC clients throughout Michigan, obtaining dismissals, reductions, and victories at trial. We understand how overwhelming this process can be, and we’re here to help you get your life back on track.

Call (734) 453-7806 today for a free consultation. 

Final Thoughts

A Michigan “Super Drunk” charge is no small matter—it carries some of the toughest first-offense penalties in the state. As the holiday season approaches, understanding how the High BAC law works can help prevent a night of celebration from turning into months (or even years) of consequences.

Remember, just a few extra drinks could push your BAC over 0.17, putting you in Super Drunk territory. Always plan ahead, stay safe, and never risk it. But if a mistake happens, know that you