Super Drunk OWI in Michigan — High BAC Defense That Works
A super drunk charge in Michigan means the prosecution is claiming your BAC was 0.17 or higher — more than double the legal limit. The penalties are significantly harsher than a standard OWI. The stigma is worse. And most attorneys treat it like a lost cause.
I don’t.
I’m Shawn Haff, and I’ve been defending high BAC OWI cases across West Michigan for over 25 years. A BAC number on a piece of paper does not mean you’re guilty. Breath and blood tests are riddled with potential errors, and I know exactly where to look. I’ve gotten super drunk charges dismissed, reduced to standard OWI, and reduced to impaired driving — keeping enhanced penalties off my clients’ records.
The consultation is free. I’m available 24/7.
What Is a Super Drunk Charge in Michigan?
Michigan’s High BAC law, enacted in 2010, created enhanced penalties for any driver arrested with a blood alcohol content of 0.17 or higher. This charge is often called “super drunk” in the media and by the public, but the legal term is OWI with High BAC under MCL 257.625(1)(c).
This is not a separate crime from OWI — it’s an enhanced sentencing category. That distinction matters because it means the prosecution must prove the same elements as a standard OWI, plus prove that your BAC was actually at or above 0.17. If I can challenge that number, the enhanced penalties disappear.
Super Drunk OWI Penalties in Michigan
A first-offense super drunk conviction carries penalties that are dramatically harsher than a standard OWI:
Penalty | Standard OWI | Super Drunk (High BAC) |
Maximum Jail | 93 days | 180 days |
Maximum Fine | $500 | $700 |
Community Service | Up to 360 hours | Up to 360 hours |
License Points | 6 points | 6 points |
Hard License Suspension | 30 days | 45 days |
Restricted License | 150 days | 320 days with mandatory ignition interlock device |
Ignition Interlock | Not required | Required for entire restricted period |
Alcohol Treatment | Possible | Mandatory for 1 year |
The ignition interlock device alone costs $80 to $150 per month for installation and monitoring — and you’ll have it for nearly a year. Combined with mandatory alcohol treatment, dramatically increased insurance premiums, and the social stigma of a “super drunk” label, the total financial impact of a high BAC conviction can exceed $20,000.
You cannot afford to plead guilty without a fight. Call me at 616-438-6719.
How I Challenge High BAC Test Results
The entire super drunk case hinges on one thing: that BAC number. If I can show the number is unreliable, inaccurate, or improperly obtained, the enhanced charge collapses. Here’s how I attack it:
Datamaster Breath Test Challenges
The Datamaster DMT breath testing instrument is the standard machine used across Michigan, and it is far from perfect. I examine:
- Calibration records — Michigan law requires regular calibration and maintenance. If the machine was overdue for calibration or produced inconsistent results during testing, the BAC reading is unreliable.
- 15-minute observation period — The officer must continuously observe you for a full 15 minutes before administering the breath test. If the officer left the room, turned away, was distracted, or failed to document compliance, I challenge the result.
- Operator certification — Only officers with current Datamaster certification can administer the test. Expired or improper certification means the result may be inadmissible.
- Radio frequency interference — Electronic devices near the Datamaster can interfere with results. I’ve seen cases where police radios and cell phones caused elevated readings.
Mouth Alcohol and Medical Conditions
Several common conditions can produce falsely high BAC readings on breath tests:
- GERD (acid reflux) — pushes alcohol vapor from the stomach into the mouth, producing readings that don’t reflect actual blood alcohol levels
- Diabetes — can produce acetone in the breath, which some instruments mistake for ethanol
- Recent dental work — alcohol can become trapped in dental cavities, crowns, or bridges
- Burping or belching — even a small burp during the observation period can contaminate the sample with stomach alcohol
If you have any of these conditions, tell me immediately. This could be the key to defeating the enhanced charge.
Blood Draw Challenges
If your BAC was measured through a blood draw, I attack the process at every stage:
- Was the blood drawn by a qualified phlebotomist or medical professional?
- Was the draw site cleaned with a non-alcohol swab? Using an alcohol swab can contaminate the sample.
- Was the sample properly preserved with the correct anticoagulant and stored at the right temperature?
- Chain of custody — who handled the sample, how was it transported, and how long did it sit before testing?
- Fermentation — improperly stored blood samples can ferment, producing alcohol that wasn’t in your system at the time of the arrest.
Absorption Curve Timing
This is a defense strategy many attorneys overlook. Your BAC at the time of the breath or blood test may not reflect your BAC at the time you were driving. Alcohol takes 30 minutes to 2 hours to fully absorb into the bloodstream. If you had your last drink shortly before driving, your BAC may have been below 0.17 while you were behind the wheel and only rose to 0.17 or higher by the time you were tested at the station.
This is called a rising BAC defense, and it can be the difference between a super drunk charge and a standard OWI — or even an acquittal.
Reducing a Super Drunk Charge
Even when the BAC evidence is strong, I fight for reductions. A super drunk charge can often be negotiated down to:
Standard OWI
Eliminates the enhanced penalties, the mandatory ignition interlock, and the extended license restrictions
Operating While Visibly Impaired (OWVI)
A lesser charge with significantly reduced penalties
Careless driving
A civil infraction, not a criminal offense
The key is building a defense strong enough that the prosecutor knows they have problems proving the high BAC element. When the prosecution’s case has cracks, they negotiate. I make sure there are cracks.
My High BAC Case Results
I’ve defended clients with BAC results well above 0.17 — some at 0.20, 0.25, and even higher. Many of those cases resulted in charge reductions or dismissals. I’ve kept “super drunk” off records, saved licenses, and kept clients out of jail. Check my results page to see real case outcomes.
Stop the Super Drunk Charge Before It Sticks
A high BAC arrest feels overwhelming. You may think the number speaks for itself. It doesn’t. Every super drunk case I’ve handled started with a client who thought it was hopeless — until I showed them the weaknesses in the prosecution’s evidence.
Call me right now at 616-438-6719. The consultation is free. I’ll review the facts of your case and tell you exactly what we’re working with.
If this is your first offense, learn about first-offense OWI options including the 7411 deferral that could keep this off your record. If you already have a past conviction, ask me about expungement — Michigan’s expanded laws may allow me to clear your record.
Read more about Michigan OWI defense in Grand Rapids and Michigan drunk driving laws.
Frequently Asked Questions
What is a super drunk charge in Michigan?
A super drunk charge applies when a driver’s BAC is 0.17 or higher — more than double the legal limit. Under MCL 257.625(1)(c), it carries enhanced penalties including up to 180 days in jail, fines up to $700, a 45-day hard license suspension, 320 days of restricted driving with a mandatory ignition interlock device, and one year of mandatory alcohol treatment.
Can a super drunk OWI be reduced in Michigan?
Yes. A super drunk charge can be reduced to a standard OWI, impaired driving, or even a civil infraction like careless driving. Attorney Shawn Haff challenges the BAC evidence — including breath test calibration, blood draw procedures, and rising BAC defenses — to create leverage for charge reductions.
How long do you lose your license for super drunk in Michigan?
A super drunk conviction results in a 45-day hard license suspension where you cannot drive at all, followed by 320 days of restricted driving with a mandatory ignition interlock device installed on your vehicle. The total restricted period is significantly longer than a standard first-offense OWI.
Can a breathalyzer be wrong for a super drunk reading?
Yes. Breathalyzer machines can produce falsely high BAC readings due to calibration errors, operator mistakes, failure to observe the required 15-minute waiting period, mouth alcohol from GERD or dental work, radio frequency interference, and medical conditions like diabetes. An experienced attorney examines all of these factors.
Is a super drunk charge a felony in Michigan?
A first-offense super drunk charge is a misdemeanor, not a felony. However, a third OWI offense within a lifetime — regardless of BAC level — is charged as a felony under Michigan law. Even as a misdemeanor, super drunk carries significantly enhanced penalties compared to a standard OWI charge.