High BAC (0.17) license rules: the one-year suspension and the interlock

A conviction for operating with an alcohol content of 0.17 or more, Michigan's "high BAC" or "super drunk" offense, brings a 1-year license suspension. The Secretary of State may issue a restricted license, but not during the first 45 days, and that license allows driving only a vehicle with an approved ignition interlock.^[1][2]

This guide covers the license consequences only: the suspension, the interlock-restricted license, what counts as a violation, and how the restriction ends. The offense itself, its jail and fine ranges, and its history are explained in high BAC ("super drunk") OWI.

How long is the license suspended for a high-BAC conviction?

Section 319(8)(g) sets a suspension of 1 year for a high-BAC conviction if the person has no prior convictions within 7 years or not more than 2 convictions within 10 years.^[1] The Secretary of State, not the court, imposes it on receiving the conviction record.^[6] The high-BAC offense took effect on 31 October 2010, and its 0.17 level has no sunset in the current statute.^[7][8][1]

The conviction also adds 6 points to the driving record.^[9] If more than one conviction comes from the same incident, the Secretary of State imposes only the suspension with the longest period.^[10]

The Michigan State Police safety page on impaired driving law, as fetched on 25 October 2026, describes the first-offense high-BAC suspension as "up to one year" and still lists a $1,000-a-year driver responsibility fee.^[11] The statute sets 1 year, and no new driver responsibility fees have been assessed since 1 October 2018.^[1][12]

When can a high-BAC driver get a restricted license?

The Secretary of State may issue a restricted license, except during the first 45 days of the suspension.^[1] Two conditions then apply:

• the person may not drive on that restricted license unless the vehicle has an ignition interlock approved, certified and installed as sections 625k and 625l require;^[2]
• the restricted license will not be issued until proof of the interlock's installation is given to the department.^[2]

The general rules for section 319 restricted licenses also apply. The license can allow driving for work, or to and from places such as home, work, school, court-ordered treatment, probation and regular medical treatment for a serious condition.^[13] The driver must carry proof of the destination and hours and show it to an officer on request.^[14] A restricted license after an OWI-type suspension never allows driving a commercial motor vehicle.^[15] The full list of trips is in the restricted license.

The treatment requirement

Separate from the license, the court must order a person convicted of the high-BAC offense to take part in and complete one or more rehabilitative programs, such as an alcohol treatment program or a self-help program, for at least 1 year. This applies even to a first offense.^[4] The treatment plan must come from an assessment by a licensed alcohol assessor and be approved by the court.^[4] See the pre-sentence alcohol assessment.

What counts as a violation on the high-BAC interlock?

If the person violates the conditions of the high-BAC restricted license, or operates or tries to operate a vehicle with a blood alcohol level of 0.025 grams per 210 liters of breath (the statute's wording), the Secretary of State must add another suspension and restriction period of the same length.^[3]

Not every reading counts. The statute and the rules set out three exceptions:^[5][3]

• a start-up test failure within the first 2 months after installation;^[5]
• a later start-up failure followed within 15 minutes by a sample under 0.025;^[5]
• a failed retest followed within 5 minutes by a passing sample.^[5]

Under the interlock rules, a person on a high-BAC license is presumed to have driven at 0.025 or more if they fail to take any retest the device prompts.^[16] The provider must report a 0.025-or-higher event on a high-BAC license to the Secretary of State within 5 business days, with a copy to the driver, and cannot withdraw the report later.^[17]

The interlock crimes apply here too. Driving a vehicle without a properly installed device, having someone else blow into it, or tampering with it is a misdemeanor punishable by up to 6 months and/or $5,000.^[18] If an officer detains an interlock-restricted driver for a violation of law and the vehicle has no properly installed device, the officer must impound it.^[19] More on the device and its rules is in ignition interlock devices.

How does the high-BAC interlock come off?

The interlock may be removed after the provider gives the Secretary of State verification that the person drove the vehicle with no instances of reaching or exceeding 0.025, apart from the exceptions above.^[5] The person must not remove the device, or have it removed, until the department issues an order authorizing removal.^[20]

The Secretary of State's process uses a form called the HBAC Form 1, which must be fully completed and signed, and an original interlock report from the provider. The restriction period is complete when the report shows compliance and has a service date after the restriction end date. Faxed copies are not accepted.^[21]

1. Note the restriction end date on the Secretary of State's paperwork.
2. Have the device serviced after that date so the provider's report shows a later service date.^[21]
3. Get the original report from the provider and complete and sign the HBAC Form 1.^[21]
4. Send both to the Secretary of State and wait for the removal order before taking the device out.^[21][20]

Before the license is returned after a suspension, a $125 reinstatement fee is due to the Secretary of State.^[22]

High BAC and later offenses

A high-BAC conviction counts as a prior conviction for the suspension and revocation rules, since those count any section 625 conviction except letting someone else drive.^[23][24] Two such convictions within 7 years require the Secretary of State to revoke the license and deny a new one for at least 1 year, and a later restricted license after a hearing would carry its own interlock requirement.^[24][25][26] See license revocation for repeat OWI.

For commercial drivers, a high-BAC conviction in any vehicle also brings a 1-year suspension of CDL privileges, or 3 years if the offense involved a commercial motor vehicle carrying hazardous material that required a placard.^[27][28] See CDL disqualification after an OWI. For how the high-BAC license rules compare with an ordinary first OWI, see license suspension after a first OWI and the first-offense penalties.