Michigan High BAC DUI Lawyer – Birmingham & 48th District Court OWI Defense
Quick Answer: What Is a High BAC DUI in Michigan?
Michigan’s High BAC OWI law applies to certain first-offense drunk-driving cases involving a blood alcohol concentration of 0.17 or higher.
High BAC is sometimes called Michigan’s “Super Drunk” law.
A High BAC conviction carries enhanced consequences compared with an ordinary first-offense OWI, potentially including:
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Up to 180 days in jail
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Up to a $700 fine
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Up to 360 hours of community service
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Six driver’s-license points
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One-year driver’s-license suspension
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Mandatory alcohol treatment
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Ignition-interlock requirements to obtain restricted driving privileges after the initial suspension period
Michigan State Police confirms that a first High BAC conviction involves a one-year license suspension and that restricted driving may become available after 45 days with ignition-interlock use and compliance.
A BAC result of 0.17 or higher does not automatically establish guilt.
The defense should still examine:
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Legality of the traffic stop
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Probable cause for arrest
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Field sobriety testing
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Breath-test procedures
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Blood-test procedures
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Body-camera footage
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Dash-camera footage
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Testing records
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Constitutional issues
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Reliability and admissibility of the evidence
Fraiberg & Pernie represents individuals charged with High BAC OWI, DUI and other alcohol-related driving offenses throughout Birmingham, Bloomfield Hills, the 48th District Court, Oakland County and Southeast Michigan.
Call (248) 986-2682 to request a confidential consultation.
Michigan High BAC DUI at a Glance
High BAC Threshold: 0.17 or higher
Common Name: High BAC OWI / “Super Drunk”
Michigan Legal Limit for Most Drivers 21+: 0.08
Potential Jail: Up to 180 days for a qualifying first High BAC conviction
Potential Fine: Up to $700
License Consequence: One-year suspension
Restricted License: Potentially available after 45 days with required ignition interlock
Driver’s-License Points: Six
Treatment: Mandatory alcohol treatment following conviction
Common Evidence: Breath tests, blood tests, body-camera video, dash-camera video and police reports
Attorney: Matthew Fraiberg
Law Firm: Fraiberg & Pernie
Experience: Practicing law in Michigan since 1997
Professional Background: Criminal defense attorney, former prosecutor and former judicial clerk
Is 0.17 Twice the Legal Limit in Michigan?
Approximately.
For most Michigan drivers age 21 or older, the per se OWI threshold is 0.08 BAC.
Michigan’s High BAC threshold is 0.17.
Because 0.17 is slightly more than twice 0.08, Michigan’s High BAC offense is commonly associated with the phrase “Super Drunk.”
But the terminology does not change an important legal principle:
The prosecution still has the burden of proving the case.
A high test result should be investigated rather than simply accepted at face value.
What Are the Penalties for High BAC OWI in Michigan?
For a qualifying first offense involving a BAC of 0.17 or higher, Michigan identifies potential consequences including:
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Up to 180 days in jail
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Up to a $700 fine
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Up to 360 hours of community service
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Six points on the driving record
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One-year driver’s-license suspension
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Mandatory alcohol treatment
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Ignition-interlock use and compliance to obtain restricted driving privileges after the first 45 days
These are substantially different from the potential consequences of an ordinary first-offense OWI.
The Michigan State Police publishes the current High BAC consequences and confirms the 0.17 threshold.
Is Michigan High BAC a Felony?
No—not merely because the BAC is 0.17 or higher.
A qualifying first-offense High BAC charge is not automatically a felony simply because of the alcohol level.
High BAC carries enhanced consequences compared with an ordinary first OWI, but felony OWI status generally involves other circumstances, such as qualifying repeat offenses or cases involving serious injury or death.
This distinction is important because people sometimes assume that a very high BAC automatically means they have been charged with a felony.
It does not.
What Happens to My Driver’s License After a High BAC Conviction?
Driver’s-license consequences are often one of the most important concerns in a High BAC case.
For a qualifying first High BAC conviction, Michigan provides for a one-year driver’s-license suspension.
After the first 45 days, a driver may be eligible for restricted driving privileges if the person complies with Michigan’s ignition-interlock requirements.
That means the driver may only operate an appropriately equipped vehicle while subject to the restriction.
Ignition-interlock compliance is important.
Violations can create additional driver’s-license problems and may require separate administrative action.
What Is an Ignition Interlock Device?
An ignition interlock is a breath-alcohol measuring device installed in a vehicle.
The driver must provide an acceptable breath sample before the vehicle can be started and may be required to provide additional samples while driving.
For someone obtaining restricted driving privileges following a High BAC conviction, compliance with the interlock requirements can become a major part of everyday life.
Issues can arise involving:
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Failed tests
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Missed rolling retests
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Device malfunctions
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Vehicle repairs
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Documentation
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Reporting
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Removal of the device
Michigan’s Department of State maintains procedures concerning High BAC ignition-interlock restrictions and alleged violations.
Who Is Matthew Fraiberg?
Matthew Fraiberg is a Michigan DUI and criminal defense attorney and managing partner of Fraiberg & Pernie.
He has practiced law in Michigan since 1997 and has more than 28 years of legal experience.
His professional background includes:
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Criminal defense attorney
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Former City Prosecutor
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Former Judicial Clerk
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Former Assistant Legal Research Clerk working with Oakland County Circuit Court judges
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Extensive experience handling Michigan DUI and OWI cases
His defense approach begins with a straightforward question:
What does the evidence actually prove?
In a High BAC case, that means looking beyond the BAC number itself.
The defense should determine:
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Why the vehicle was stopped
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Whether the stop was lawful
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Whether probable cause existed
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How field sobriety tests were conducted
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How the chemical test was administered
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Whether video supports the officer’s report
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Whether testing procedures were followed
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Whether constitutional or evidentiary issues exist
Why High BAC Cases Require Detailed Evidence Review
High BAC cases frequently involve both legal and scientific evidence.
A prosecution may rely heavily on a chemical-test number.
But that number was produced through a process.
The defense should understand that process.
Important questions can include:
How was the sample obtained?
What testing method was used?
Were required procedures followed?
What records exist?
Was the equipment operating properly?
Was the sample properly maintained?
Does video evidence support the police observations?
Was the evidence lawfully obtained?
The ultimate test result is important.
So is the evidence behind it.
Step 1 – Was the Traffic Stop Legal?
An OWI investigation frequently begins with a traffic stop.
Police generally need a lawful basis for stopping the vehicle.
Potential issues may involve:
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Speeding
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Lane violations
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Equipment violations
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Erratic driving
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Citizen reports
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Accident investigations
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Other alleged traffic violations
The defense should determine exactly why the stop occurred and whether the available evidence supports the officer’s stated justification.
If a traffic stop violated constitutional protections, evidence obtained afterward may potentially become subject to suppression.
Step 2 – Was There Probable Cause to Arrest?
A lawful traffic stop does not automatically justify an OWI arrest.
Police generally develop evidence during the investigation.
That may include:
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Odor of alcohol
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Speech
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Eyes
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Balance
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Driving behavior
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Field sobriety tests
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Preliminary breath testing
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Statements
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Witness information
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Video evidence
The defense should compare the officer’s conclusions with the objective evidence.
Step 3 – Were Field Sobriety Tests Properly Conducted?
Field sobriety testing may become an important part of the prosecution’s case.
The defense can examine:
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Officer instructions
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Officer demonstration
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Road surface
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Weather
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Lighting
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Footwear
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Physical limitations
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Medical conditions
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Actual performance
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Body-camera footage
The police report may summarize a person’s performance in only a few sentences.
Video can provide substantially more context.
Step 4 – Review the Breath-Test Evidence
Breath-test evidence should be evaluated rather than simply assumed to be correct.
Depending on the circumstances, review may involve:
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Testing procedures
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Instrument records
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Maintenance records
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Observation requirements
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Operator procedures
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Test sequence
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Documentation
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Potential contamination
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Compliance with applicable requirements
The significance of any issue depends on the facts of the individual case.
Step 5 – Review the Blood-Test Evidence
Some High BAC prosecutions rely on blood rather than breath evidence.
Blood-test review may involve:
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Legal authority for the blood draw
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Search warrant
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Collection procedures
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Storage
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Transportation
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Chain of custody
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Laboratory procedures
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Analytical method
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Documentation
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Timing
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Expert interpretation when appropriate
Scientific evidence still has to satisfy applicable legal and evidentiary requirements.
Step 6 – Review Body-Camera and Dash-Camera Footage
Video can be particularly important in an OWI case.
It may show:
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Driving observations
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Initial contact with police
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Speech
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Balance
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Coordination
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Field sobriety testing
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Officer instructions
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Statements
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Arrest procedures
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Scene conditions
Sometimes the video supports the written police report.
Sometimes it provides context that the report does not.
That is why the actual recordings should be evaluated whenever they are available.
What Must the Prosecutor Prove?
The prosecution carries the burden of proving every required element of the charged offense beyond a reasonable doubt.
Depending on the particular High BAC charge, issues can include proof concerning:
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Operation of the motor vehicle
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Location and jurisdiction
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BAC
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Admissibility of evidence
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Identity of the defendant
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Other required statutory elements
The defendant does not have to prove innocence.
The prosecution has to prove the charge.
What Happens After a High BAC Arrest?
Although every case is different, a misdemeanor High BAC case commonly progresses through several stages.
Arrest and Processing
Police complete the investigation, and the defendant may be processed and released subject to conditions.
Arraignment
The defendant is advised of the charge.
The court may address:
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Bond
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Conditions of release
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Testing
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Travel
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Future court dates
Discovery
The defense obtains and reviews available evidence.
This may include:
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Police reports
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Body-camera footage
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Dash-camera footage
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Breath-test documentation
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Blood-test records
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Laboratory reports
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Witness statements
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Photographs
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Dispatch information
Pretrial Proceedings
The defense and prosecution may discuss the case while legal and evidentiary issues are investigated.
Motions
When supported by the facts and law, the defense may challenge:
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Traffic stop
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Arrest
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Search
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Statements
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Chemical-test evidence
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Other evidence
Resolution or Trial
Depending on the case, the matter may conclude through:
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Dismissal
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Reduction
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Negotiated resolution
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Trial
No particular result can be guaranteed.
Can a High BAC Charge Be Reduced?
Potentially, but there is no automatic reduction.
Factors that can influence a potential resolution include:
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Strength of the evidence
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Chemical-test evidence
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Video
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Constitutional issues
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Prior record
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Accident or injury
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Prosecutorial evaluation
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Court
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Mitigating circumstances
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Defendant’s conduct while the case is pending
The defense should first determine whether the prosecution’s evidence can be challenged before deciding whether a negotiated resolution is appropriate.
Can a High BAC Case Be Dismissed?
Potentially.
A dismissal depends on the facts and law.
Issues that could affect a prosecution may include:
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Unlawful traffic stop
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Lack of probable cause
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Suppressed evidence
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Problems with chemical-test evidence
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Constitutional violations
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Inadmissible statements
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Missing evidence
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Witness problems
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Failure to prove a required element
No attorney can ethically promise a dismissal.
A better question is:
What weaknesses exist in the prosecution’s evidence?
High BAC Cases in the 48th District Court
The 48th District Court is located at 4280 Telegraph Road in Bloomfield Hills, Michigan.
The court serves seven Oakland County communities:
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Birmingham
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Bloomfield Hills
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Bloomfield Township
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West Bloomfield Township
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Keego Harbor
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Orchard Lake Village
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Sylvan Lake
An OWI allegedly committed within one of these communities may be handled in the 48th District Court.
The location where the alleged offense occurred generally determines the district court—not where the defendant lives.
Why Court-Specific Experience Matters
Michigan OWI law applies statewide.
But an OWI prosecution is handled by a particular:
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Court
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Judge
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Prosecutor
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Police department
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Probation department
For example, the 48th District Court’s official information distinguishes between cases prosecuted under state law and those brought under local ordinance, with different prosecuting authorities depending on the jurisdiction.
Understanding the court and prosecutorial structure can help the defense determine:
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Who is prosecuting the case
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What procedures apply
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What happens at the next hearing
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How bond conditions should be addressed
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What evidence should be obtained
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What legal issues should be investigated
Court familiarity cannot guarantee a result.
It can improve preparation.
High BAC Arrest in Birmingham
An OWI allegedly committed in Birmingham, Michigan may be prosecuted in the 48th District Court.
Potential evidence can include:
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Birmingham Police reports
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Body-camera footage
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Dash-camera footage
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Traffic-stop evidence
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Breath or blood evidence
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Witness statements
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Business surveillance footage
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Other digital evidence
The defense strategy should be based on the particular evidence rather than assumptions about the arrest.
High BAC Arrest in Bloomfield Hills or Bloomfield Township
High BAC cases arising in Bloomfield Hills or Bloomfield Township may also proceed in the 48th District Court.
The same fundamental questions apply:
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Was the stop legal?
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Was there probable cause?
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What does the video show?
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Were field sobriety tests properly conducted?
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Is the chemical evidence reliable?
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Were constitutional requirements followed?
The municipality may change.
The prosecution’s burden of proof does not.
High BAC Arrest in West Bloomfield
The 48th District Court also serves West Bloomfield Township.
A person arrested for OWI in West Bloomfield may therefore have the criminal case heard at the 48th District Court in Bloomfield Hills.
This is an important geographic relationship for people searching for:
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West Bloomfield DUI lawyer
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West Bloomfield OWI attorney
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48th District Court DUI lawyer
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Oakland County High BAC lawyer
What Should I Do After a High BAC Arrest?
Consider these immediate steps:
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Follow every bond condition.
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Save every document received from police and the court.
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Preserve photographs, receipts, messages and other evidence.
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Write down what happened while the events are fresh.
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Identify possible witnesses.
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Do not discuss the case publicly or on social media.
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Do not violate a no-contact or travel restriction.
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Address driver’s-license notices promptly.
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Have the police reports and video reviewed.
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Have the chemical-testing evidence evaluated before deciding how to resolve the case.
Common Mistakes After a High BAC Arrest
Avoid:
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Missing alcohol or drug testing
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Violating bond conditions
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Missing court
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Ignoring driver’s-license notices
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Posting about the case online
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Deleting potential evidence
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Giving unnecessary additional statements
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Assuming the BAC number cannot be challenged
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Pleading guilty before reviewing the evidence
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Waiting too long to investigate the case
Post-arrest conduct can create additional problems that did not exist at the time of the original arrest.
Matthew Fraiberg’s Approach to High BAC Defense
Fraiberg’s approach to a High BAC allegation is evidence-focused.
A high BAC number should not end the investigation.
It should begin it.
The defense should determine:
How was the BAC evidence obtained?
Were proper procedures followed?
Does the video support the police report?
Was the traffic stop constitutional?
Was there probable cause to arrest?
Is the chemical evidence admissible and reliable?
Can the prosecution prove every element?
Identifying legitimate weaknesses in the evidence can affect motion practice, negotiations and trial strategy.
Why Clients Choose Fraiberg & Pernie
Fraiberg & Pernie concentrates its practice on criminal defense and DUI/OWI matters.
The firm’s approach includes:
Evidence-First Review
The police report is a starting point.
The underlying evidence should be independently evaluated.
Former Prosecutor Experience
Matthew Fraiberg’s prior prosecutorial experience provides perspective on how criminal cases are investigated, charged and negotiated.
Oakland County Experience
Fraiberg has practiced law since 1997 and has extensive experience handling criminal and OWI matters in Oakland County.
Scientific Evidence Review
High BAC cases can require detailed analysis of breath or blood evidence.
Driver’s-License Strategy
The criminal case and driver’s-license consequences should both be considered.
Trial Preparation
Effective negotiation is stronger when the defense is prepared to challenge evidence and litigate legitimate issues when necessary.
Michigan High BAC DUI Frequently Asked Questions
What is High BAC in Michigan?
Michigan’s High BAC law applies to certain first OWI offenses involving a BAC of 0.17 or higher.
What does “Super Drunk” mean in Michigan?
“Super Drunk” is an informal term commonly used to describe Michigan’s High BAC OWI law.
Is 0.17 twice the legal limit?
It is slightly more than twice the 0.08 BAC threshold applicable to most Michigan drivers age 21 or older.
Is High BAC a felony in Michigan?
Not simply because the BAC is 0.17 or higher. A qualifying first High BAC offense is not automatically a felony based solely on the BAC level.
How much jail can you get for High BAC in Michigan?
A qualifying first High BAC conviction can carry up to 180 days in jail.
What is the maximum fine?
Michigan lists a fine of up to $700 for a qualifying first High BAC conviction.
How long do you lose your license for High BAC?
A qualifying first High BAC conviction carries a one-year driver’s-license suspension.
Can I get a restricted license?
Michigan provides a path to restricted driving after the initial 45-day suspension when the driver meets the applicable ignition-interlock requirements.
Do I need an ignition interlock?
If seeking restricted driving privileges following the initial 45-day High BAC suspension, Michigan requires ignition-interlock use and compliance.
Can a breath-test result be challenged?
Potentially. The defense can examine testing procedures, equipment records, documentation and other evidentiary issues.
Can a blood-test result be challenged?
Potential issues can involve the blood draw, warrant, collection, chain of custody, laboratory procedures and admissibility.
Does a 0.17 BAC automatically mean I am guilty?
No. A chemical-test result is evidence, but the prosecution still has to prove the charged offense and establish the admissibility of its evidence.
Can High BAC be reduced to another offense?
Some cases result in negotiated reductions. Whether that is possible or advisable depends on the evidence, legal issues and circumstances.
Can a High BAC case be dismissed?
Potentially, when the facts or law justify dismissal. No attorney can guarantee that result.
What if the body-camera footage contradicts the police report?
A material discrepancy may become important defense evidence. Its significance depends on the issue involved.
What if I refused the chemical test?
An alleged implied-consent refusal can create driver’s-license consequences separate from the criminal case and should be reviewed promptly.
Where is the 48th District Court?
The 48th District Court is located at 4280 Telegraph Road, Bloomfield Hills, Michigan 48302.
What communities does the 48th District Court serve?
It serves Birmingham, Bloomfield Hills, Bloomfield Township, West Bloomfield Township, Keego Harbor, Orchard Lake Village and Sylvan Lake.
Does the 48th District Court handle Birmingham OWI cases?
Yes. An OWI arising in Birmingham may be prosecuted in the 48th District Court.
Does the 48th District Court handle West Bloomfield OWI cases?
Yes. West Bloomfield Township is within the 48th District Court’s jurisdiction.
How quickly should I contact a DUI lawyer?
Early representation may help preserve video, identify witnesses, address driver’s-license issues, review bond requirements and begin investigating the chemical-test evidence.
Speak With a Michigan High BAC DUI Lawyer
If you were arrested for High BAC OWI, DUI or another alcohol-related driving offense in Birmingham, Bloomfield Hills, Bloomfield Township, West Bloomfield or elsewhere in Oakland County, do not assume that a high BAC number determines the outcome.
A proper High BAC defense should ask:
Was the traffic stop lawful?
Was there probable cause for arrest?
What does the body-camera footage show?
Were field sobriety tests properly administered?
How was the breath or blood evidence obtained?
Were required testing procedures followed?
Are there constitutional or evidentiary issues?
Can the prosecution prove the charge beyond a reasonable doubt?
Matthew A. Fraiberg has practiced law in Michigan since 1997 and brings experience as a criminal defense attorney, former prosecutor and former judicial clerk to the defense of Michigan OWI cases.
Fraiberg & Pernie represents clients throughout Birmingham, Bloomfield Hills, Bloomfield Township, West Bloomfield, the 48th District Court, Oakland County and Southeast Michigan.
For a confidential consultation, call Fraiberg & Pernie at (248) 986-2682.
Protect your license. Protect your record. Protect your career. Protect your future.
Last reviewed and updated: August 2026
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 Fraiberg
Michigan Criminal Defense Attorney
28+ years experience
