Michigan Super Drunk Law Over 0.17 BAC

If you are charged with violating Michigan's Super Drunk law, I can help!

A high blood alcohol content (BAC of .17 or higher) is one of the operating while intoxicated crimes, but it has harsher consequences. If you are charged with a super drunk crime, you face the following penalties:

  • Up to 180 days in jail.
  • $200 to $700 fine.
  • Up to 360 hours of community service.
  • Driver's license suspension for 1 year. Eligible for restrictions after 45 days of suspension if an ignition interlock device is installed on all vehicles the offender owns or intends to operate.
  • Possible metal license plate confiscation if the offender operates a vehicle without a properly installed ignition interlock device.
  • Mandatory vehicle immobilization if the offense is subsequently convicted for operating a vehicle without a properly installed ignition interlock device.
  • 6 points added to the offender's driving record.
  • Driver Responsibility Fee of $1000 for 2 consecutive years.

If you are convicted of super drunk driving, or if you plead guilty to a high BAC crime, you will be offered the opportunity to have a restricted license after 45 days, but this subjects you to the jurisdiction of the DLAD (now known as the Administrative Hearings Section). On balance, you want to try to avoid being under the jurisdiction of Administrative Hearings Section if at all possible.

Important: If you are charged with a high BAC case in Oakland County, the state prosecutor's office will not reduce these charges. You must plan on preparing for a trial at your earliest opportunity.

Michigan added the super drunk driving law to discourage people from going to trial. But this ignores the fact that some people will blow very high numbers even though their actual blood alcohol levels are below the legal limit. You can read about these false high blows and the breath to blood conversion factors. Another factor that might cause an extremely high BrAC on a breath machine is Gastroesophageal reflux disease (GERD). You can read about a few victories I have had with GERD here and here. GERD has been discussed in the peer reviewed literature, and one of the leading scholars in this area, AW Jones, has recently come forth with new data suggesting that GERD might explain some of the problems scientists have encountered with the breath to blood conversion factor.