One number on a breath test doubles almost everything after it.

Labor Day was yesterday, and with it the Michigan State Police impaired driving campaign that began August 14 came to an end. The arrests from the holiday weekend are now turning into court dates, and for some of those drivers the number on the breath test at the station was 0.17 or higher. That number matters more than almost anything else in a first offense case, because Michigan treats it as a separate crime with its own penalties, sometimes called the super drunk law. The charge is still a first offense, but what follows it looks a lot more like a repeat case, and the difference starts with the number.

What is a high BAC charge in Michigan?

It's operating a vehicle with an alcohol content of 0.17 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine. MCL 257.625(1)(c) makes that its own offense, separate from the standard 0.08 OWI, with penalties that sit between a standard first offense and a repeat case.

Because the charge is defined by a number, the case usually turns on the test that produced it. The breath machine at the station or a blood draw at a hospital is what puts a driver on one side of 0.17 or the other, so the details of how and when that test was done carry more weight here than in almost any other OWI case.

What are the penalties for a first high BAC offense?

Roughly double a standard first OWI. Under MCL 257.625(9)(a), a first high BAC conviction carries up to 180 days in jail, a fine of $200 to $700, up to 360 hours of community service, or a combination. A standard first OWI carries up to 93 days and a fine of $100 to $500. Both carry six points on the driving record.

The court must also order treatment. MCL 257.625b(5) requires a judge sentencing a high BAC conviction to order one or more rehabilitative programs, including an alcohol treatment or self help program lasting at least one year. That's mandatory, not a sentencing option, and it often runs alongside probation. Our overview of first offense OWI penalties covers the standard version for comparison.

What happens to your license after a high BAC conviction?

It's suspended for a full year. Under MCL 257.319(8)(g), the Secretary of State suspends the license for one year, and no restricted license can be issued for the first 45 days. After that, restricted driving is allowed only in a vehicle equipped with an approved ignition interlock device, which requires a clean breath sample to start the car and periodic retests while driving.

Compare that with a standard first OWI, which brings a 180 day suspension, 30 days with no driving, and a restricted license without an interlock. The high BAC conviction stretches the suspension, extends the no driving period, and adds a device you pay to install and maintain. The restricted license itself is limited to the same short list of destinations we covered in our piece on restricted licenses after an OWI.

How do you get the interlock removed?

By completing the restriction period without violations. The interlock can come off after the device provider verifies to the Secretary of State that the vehicle was operated without reaching a blood alcohol content of 0.025, with limited exceptions for early start up failures and quick passed retests. The Secretary of State's hearings office explains that the restriction is complete when the interlock report shows compliance and has a service date after the restriction end date, and the paperwork has to be submitted in original form, not by fax.

Violations have a real cost. Under MCL 257.319(8)(i), a driver who violates the conditions of the high BAC restricted license, or drives at 0.025 or more, gets an additional full period of suspension and restriction. A single failed start that isn't cleared quickly can extend the whole process, which is why interlock compliance deserves the same attention as the court case.

Can the court take your car?

On a first offense, it can, but it doesn't have to. MCL 257.625(9)(e) and MCL 257.904d allow a judge to order the vehicle immobilized for up to 180 days after a first high BAC conviction. On a second offense within seven years, immobilization becomes mandatory for 90 to 180 days, the fine rises to as much as $1,000, and the license is revoked for at least a year rather than suspended.

That second offense picture is worth knowing even on a first case, because a high BAC conviction stays on the record as a prior. Our guide to second and third OWI offenses explains how the seven year and ten year lookbacks work.

Can a high BAC charge be reduced?

Sometimes, depending on the evidence. The statute doesn't bar a plea from high BAC to a standard OWI, and because the charge rests on a test result, the reliability of that result is often the center of the defense. That means looking at when the test was given compared with when the driving happened, whether the breath machine was properly maintained and operated, whether the observation period before the test was followed, and whether a blood sample was handled correctly.

Whether a reduction is realistic depends on those facts and on the court, so it's not something anyone can promise on day one. What's certain is that the difference between a high BAC conviction and a standard OWI conviction is six months of extra license suspension, an interlock, and twice the jail exposure. Our criminal defense team handles high BAC cases in the 19th District Court in Dearborn, the 27th District Court in Wyandotte, and across Wayne County. The number on the breath test starts the case, and testing that number is where the defense starts too.

Quick answers

What BAC is considered super drunk in Michigan?

A blood alcohol content of 0.17 or more. Michigan charges that as high BAC under MCL 257.625(1)(c), a separate offense with harsher penalties than a standard 0.08 OWI.

Do you need an interlock after a first high BAC in Michigan?

Yes, to drive at all during the restricted period. After 45 days with no driving, a high BAC restricted license is valid only in a vehicle with an approved ignition interlock device.

How long does a high BAC stay on your record in Michigan?

It stays on your driving record and can count as a prior for later OWI charges, which use seven and ten year lookback periods. Whether it can ever be set aside depends on Michigan's expungement rules for OWI convictions.

Related reading

• Michigan OWI Penalties for a First Offense
• Restricted License After an OWI in Michigan
• What Happens After an OWI Arrest in Michigan?
• Criminal Defense at D.C. Law