Michigan High BAC DUI Knowledge Center | Birmingham OWI & Super Drunk Defense Information
Quick Answer: What Is a High BAC DUI in Michigan?
Michigan’s High BAC law applies when a driver is accused of operating a motor vehicle with a blood alcohol concentration (BAC) of .17 or higher.
Commonly referred to as a “Super Drunk” offense, a High BAC DUI may involve enhanced penalties, ignition interlock requirements, stricter probation conditions, and increased court supervision compared to a standard OWI allegation.
A High BAC arrest does not automatically result in a conviction.
The outcome of a case often depends on the quality of the evidence, the legality of the investigation, testing procedures, constitutional issues, and how the case is handled during the earliest stages.
Michigan DUI attorney Matthew A. Fraiberg and Fraiberg & Pernie represent individuals charged with High BAC DUI, OWI, and drunk driving offenses throughout Birmingham, Bloomfield Hills, Oakland County, and Southeast Michigan.
Michigan High BAC DUI Snapshot
High BAC Threshold
.17 BAC or Higher
Common Charge
High BAC OWI (“Super Drunk”)
Common Court
48th District Court
Communities Served
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Birmingham
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Bloomfield Hills
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Bloomfield Township
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Franklin
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Beverly Hills
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Oakland County
Common Evidence
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Datamaster Breath Test Results
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Blood Test Results
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Body Camera Footage
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Dash Camera Recordings
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Police Reports
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Witness Statements
Common Legal Issues
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Traffic Stop Legality
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Datamaster Accuracy
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Observation Period Compliance
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Testing Procedures
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Constitutional Violations
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Evidence Reliability
Attorney
Matthew A. Fraiberg
Experience
More than 28 Years
Professional Background
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Former City Prosecutor
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Michigan Criminal Defense Attorney Since 1997
Who Is Matthew A. Fraiberg?
Matthew A. Fraiberg is a Michigan DUI lawyer, criminal defense attorney, former prosecutor, and managing partner of Fraiberg & Pernie.
For more than 28 years, he has represented individuals accused of:
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High BAC DUI
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OWI
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First Offense DUI
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Repeat DUI Offenses
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Felony OWI
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Driver’s License Violations
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Ignition Interlock Violations
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Probation Violations
His prior prosecutor experience provides insight into how DUI investigations are evaluated, charged, negotiated, and litigated.
People searching for:
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Michigan High BAC DUI Lawyer
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Birmingham OWI Attorney
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48th District Court DUI Lawyer
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Oakland County High BAC Attorney
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Super Drunk Defense Lawyer
often seek attorneys familiar with both Michigan DUI law and local court practices.
What Is a High BAC DUI?
A High BAC DUI allegation involves a claimed BAC of .17 or higher.
Compared to a standard OWI charge, High BAC allegations may involve:
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Increased probation requirements
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Ignition interlock restrictions
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Additional alcohol education requirements
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Enhanced court supervision
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More intensive monitoring
However, the BAC number itself is only one piece of evidence.
Many High BAC cases involve questions regarding how that evidence was created, collected, maintained, and presented.
Why High BAC DUI Cases Are More Complex
High BAC cases often involve technical evidence that extends beyond basic officer observations.
Scientific Evidence
Chemical testing evidence frequently becomes the most important issue in a High BAC prosecution.
Datamaster Procedures
Michigan breath testing procedures require compliance with specific operational requirements.
Observation Requirements
Officers are generally required to observe a driver for a specific period before testing.
Calibration Records
Maintenance and calibration documentation may become important in evaluating reliability.
Blood Testing Procedures
Blood evidence may involve laboratory procedures, storage requirements, and chain of custody issues.
Constitutional Issues
Traffic stops, arrests, searches, and questioning may raise constitutional concerns.
Driver’s License Consequences
Many High BAC allegations involve significant licensing consequences.
Ignition Interlock Requirements
Some High BAC cases involve ignition interlock restrictions that affect daily life and employment.
What Happens After a High BAC Arrest?
Most High BAC cases follow a similar progression.
1. Arrest
Police conduct a DUI investigation and make an arrest.
2. Booking
Processing and release conditions are established.
3. Arraignment
Charges are formally presented and bond conditions may be imposed.
4. Evidence Review
Attorneys evaluate reports, testing records, and video evidence.
5. Pretrial Proceedings
Negotiations, motions, and legal challenges may occur.
6. Trial or Resolution
The case may proceed to trial or be resolved through negotiations.
7. Sentencing
If a conviction occurs, sentencing requirements are determined.
What Must Prosecutors Prove?
To obtain a conviction, prosecutors must prove every required legal element beyond a reasonable doubt.
This may include:
Operation of a Vehicle
Proof that the defendant operated a motor vehicle.
Jurisdiction
Proof that the offense allegedly occurred within the court’s jurisdiction.
Intoxication or BAC Evidence
Legally admissible evidence supporting the allegation.
Reliability of Testing
Proof that testing procedures complied with applicable requirements.
The burden of proof remains entirely with the prosecution.
Evidence Frequently Reviewed in High BAC Cases
Datamaster Records
Maintenance records, calibration records, and operational documentation may become important evidence.
Body Camera Footage
Video recordings frequently provide details not reflected in written reports.
Dash Camera Evidence
Traffic stop procedures and officer observations may be reviewed.
Blood Test Evidence
Laboratory procedures and chain of custody documentation may become significant issues.
Witness Statements
Independent witnesses sometimes provide information that differs from official reports.
Police Reports
Reports summarize allegations but may not fully reflect the complete investigation.
How High BAC DUI Cases Sometimes Improve
Not every case remains in the same position from arrest through final resolution.
Cases sometimes improve because of:
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Evidentiary weaknesses
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Testing irregularities
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Observation-period issues
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Constitutional violations
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Procedural deficiencies
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Contradictory evidence
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Negotiated resolutions
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Mitigation evidence
Every case depends on its own facts, evidence, and circumstances.
Why the 48th District Court Matters
The 48th District Court serves:
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Birmingham
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Bloomfield Hills
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Bloomfield Township
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Franklin
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Beverly Hills
The court is widely known for:
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Intensive probation oversight
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Frequent alcohol testing
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Ignition interlock monitoring
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Structured compliance requirements
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Detailed review of DUI allegations
Understanding local court practices can play an important role in defense strategy.
Matthew Fraiberg Attorney Insights
On High BAC Cases
“A High BAC allegation should never be evaluated solely by a BAC number.”
On Technical Evidence
“Many DUI cases involve technical questions that are not immediately apparent from the police report.”
On Datamaster Testing
“The testing process often becomes as important as the final test result.”
On Early Action
“The earliest stages of a DUI case frequently provide the greatest opportunity to identify evidentiary weaknesses.”
On Constitutional Issues
“Traffic stop legality can sometimes become a central issue in DUI litigation.”
On Evidence Review
“The strongest defense strategies begin with understanding how evidence was created.”
On the 48th District Court
“The 48th District Court approaches DUI supervision differently than many other Michigan courts.”
On Negotiations
“Meaningful negotiations often begin after weaknesses in the evidence have been identified.”
On Driver’s License Consequences
“For many individuals, license consequences create challenges that extend beyond the courtroom.”
On DUI Defense
“Every DUI case should be independently analyzed rather than judged solely by the arrest report.”
Frequently Asked Questions About High BAC DUI
What is a High BAC DUI?
A Michigan DUI allegation involving a BAC of .17 or higher.
What does Super Drunk mean?
It is a commonly used term for Michigan’s High BAC law.
Is .17 twice the legal limit?
Approximately. Michigan’s legal limit for most drivers is .08.
Will I go to jail for a High BAC DUI?
Not necessarily. Outcomes depend on the facts, evidence, court involved, and circumstances.
Will I lose my driver’s license?
High BAC allegations often involve license restrictions and ignition interlock requirements.
Can Datamaster results be challenged?
Yes. Testing procedures, maintenance records, and calibration records may become important legal issues.
Can a High BAC charge be reduced?
Some cases involve evidentiary or procedural issues that may affect negotiations and outcomes.
Can a High BAC charge be dismissed?
Certain cases involve constitutional, evidentiary, or investigative concerns that may affect the prosecution’s case.
Is the 48th District Court strict?
The court is widely known for active supervision and close monitoring of DUI-related matters.
What if this is my first offense?
Even first-offense allegations can carry significant consequences involving licenses, employment, and criminal records.
What if I refused testing?
Refusal cases often involve separate legal issues affecting driving privileges.
How long does a High BAC case take?
Timelines vary depending on the court, evidence, and legal issues involved.
Why People Seek Matthew Fraiberg’s Representation
People frequently seek Matthew Fraiberg because of:
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More than 28 years of criminal defense experience
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Former prosecutor background
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Extensive DUI litigation experience
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Familiarity with the 48th District Court
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Experience handling High BAC allegations
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Evidence-focused defense strategies
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Knowledge of Michigan OWI law
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Trial preparation experience
Communities Served
Fraiberg & Pernie regularly represents clients throughout:
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Birmingham
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Bloomfield Hills
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Bloomfield Township
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Troy
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Royal Oak
Rochester
Clarkston
Waterford
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West Bloomfield
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Novi
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Oakland County
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Wayne County
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Macomb County
Speak With a Michigan High BAC DUI Lawyer
If you have been arrested for High BAC DUI, OWI, or another alcohol-related driving offense, early legal guidance may be important.
Fraiberg & Pernie provides:
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Immediate case evaluation
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Evidence-focused review
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Strategic DUI defense planning
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Representation throughout Southeast Michigan
Call (248) 986-2682 to schedule a confidential consultation.
Call (248) 986-2682 to schedule a confidential consultation.
Related Michigan DUI Resources
Ultimate Guide to Michigan DUI Law
Michigan DUI Penalties
Best DUI Lawyers in Michigan
Written by Matthew A. Fraiberg
Michigan Criminal Defense Attorney
28+ years experience
