FRAIBERG & PERNIE
Facing a High BAC DUI charge in Macomb County can mean significantly greater penalties than an ordinary first-offense OWI.
Under MCL 257.625, Michigan defines High BAC OWI as operating a vehicle with a bodily alcohol content of 0.17 or higher. The offense is commonly called Super Drunk driving, Super Drunk OWI, or High BAC DUI.
Matthew Fraiberg and Fraiberg & Pernie represent individuals charged with High BAC OWI, DUI, drunk driving, and other criminal offenses throughout Macomb County and Southeast Michigan.
Matthew Fraiberg is a former city prosecutor and Michigan criminal-defense attorney with more than 29 years of experience.
Call (248) 986-2682 for a confidential consultation.
Michigan High BAC OWI applies when a person operates a vehicle with a bodily alcohol content of 0.17 or higher.
Under MCL 257.625, the threshold applies to:
0.17 grams or more per 100 milliliters of blood.
0.17 grams or more per 210 liters of breath.
0.17 grams or more per 67 milliliters of urine.
A first-offense High BAC conviction carries enhanced penalties compared with a standard first-offense OWI.
Those consequences can include:
Up to 180 days in jail.
A fine of $200 to $700.
Up to 360 hours of community service.
Six driver’s-license points.
A one-year driver’s-license suspension.
Eligibility for restricted driving after 45 days only under applicable ignition-interlock requirements.
Mandatory alcohol treatment or rehabilitation requirements.
A chemical-test result of .17 or higher does not by itself guarantee a conviction. The government still must prove the charge with legally admissible and reliable evidence.
| Topic | Information |
|---|---|
| Law Firm | Fraiberg & Pernie |
| Attorney | Matthew Fraiberg |
| Charge | High BAC OWI / Super Drunk OWI |
| Michigan Law | MCL 257.625 |
| High BAC Threshold | .17 or higher |
| Maximum Jail | 180 days for qualifying first offense |
| Fine | $200–$700 |
| Community Service | Up to 360 hours |
| License Points | 6 |
| License Consequence | 1-year suspension |
| Restricted Driving | Potentially after 45 days with required ignition interlock |
| Attorney Experience | 29+ years |
| Attorney Background | Former city prosecutor and former judicial clerk |
| Primary Area | Macomb County, Michigan |
Michigan treats a first-offense High BAC case more seriously than a standard first-offense OWI.
The difference begins with the alleged alcohol concentration.
A standard per-se OWI generally involves an alcohol concentration of 0.08 or higher.
High BAC OWI involves an alcohol concentration of 0.17 or higher.
That higher reading can increase:
Maximum jail exposure.
Maximum fines.
Driver’s-license consequences.
Treatment requirements.
Ignition-interlock requirements.
But the higher number does not eliminate the prosecution’s burden of proof.
The traffic stop, arrest, breath test, blood test, police procedures, and scientific evidence can all matter.
For a qualifying first-offense High BAC conviction, Michigan law provides enhanced penalties.
Potential consequences include:
Up to 180 days in jail.
A fine of $200 to $700.
Up to 360 hours of community service.
A High BAC conviction can result in a one-year driver’s-license suspension.
Michigan permits restricted driving under applicable circumstances after the first 45 days, but the driver must comply with ignition-interlock requirements.
A conviction under MCL 257.625(1) results in six points on the Michigan driving record.
Michigan High BAC law requires an alcohol treatment or rehabilitation program for a qualifying first offense.
A driver seeking restricted privileges after the initial suspension period must comply with applicable ignition-interlock requirements.
The driver is generally responsible for the costs associated with installation and use of the device.
No.
Michigan’s former Driver Responsibility Fee system was eliminated.
Older DUI resources may still refer to an additional $1,000 annual Driver Responsibility Fee for OWI convictions, but new Driver Responsibility Fees are no longer imposed under that former program.
Court fines, costs, treatment expenses, ignition-interlock expenses, insurance increases, and other financial consequences can still make a High BAC case costly.
A qualifying first-offense High BAC conviction can result in a one-year driver’s-license suspension.
After the first 45 days, restricted driving may be available if statutory requirements are satisfied, including installation and use of an approved ignition-interlock device.
The practical effect can be significant for someone who needs to drive for:
Employment.
Business.
School.
Medical appointments.
Childcare.
Family responsibilities.
This makes the final disposition of the criminal charge especially important.
A reduction from High BAC OWI to another offense may produce materially different license consequences depending on the final conviction.
For a person seeking restricted driving privileges following a qualifying High BAC conviction, an approved ignition-interlock device is required under Michigan’s High BAC licensing framework.
The device measures alcohol before permitting the vehicle to start and may require additional breath samples while the vehicle is being operated.
Violations involving an ignition-interlock device can create additional driver’s-license problems.
Drivers should understand the installation, operation, reporting, and compliance requirements before beginning restricted driving.
A High BAC accusation is not the same as a conviction.
The prosecution must prove the required elements beyond a reasonable doubt.
Depending on the theory of prosecution and evidence, important questions can include:
Was the defendant operating the vehicle?
Was the location covered by Michigan’s OWI statute?
Was the traffic stop lawful?
Was there legal justification for the arrest?
Was the chemical test legally obtained?
Was the test administered correctly?
Is the breath or blood result scientifically reliable?
Can the prosecution establish the required alcohol concentration?
Was the evidence properly preserved?
The BAC number is important evidence, but it is not the only evidence.
Yes.
A breath-test result should be evaluated rather than simply accepted because a machine produced a number.
Review may include:
DataMaster records.
Maintenance information.
Calibration and accuracy checks.
Operator procedures.
Observation requirements.
Test sequences.
Error messages.
Supporting documentation.
Body-camera recordings.
Whether testing procedures were followed.
The purpose is to determine whether the reported result is reliable and admissible and whether it accurately reflects what occurred.
Yes.
Blood-test cases involve a different set of scientific and evidentiary issues.
Potential areas of review include:
Authority for the blood draw.
Collection procedures.
Identification of the sample.
Storage.
Transportation.
Chain of custody.
Laboratory methodology.
Instrument performance.
Quality-control procedures.
Reporting.
Whether contamination or handling issues occurred.
A laboratory report should be evaluated together with the circumstances under which the sample was collected and analyzed.
Field sobriety-test evidence can also be examined.
Performance may be affected by circumstances unrelated to alcohol, including:
Injuries.
Medical conditions.
Fatigue.
Anxiety.
Footwear.
Uneven pavement.
Weather.
Lighting.
Traffic conditions.
Officer instructions.
Body-camera and dashboard-camera video can be especially important because it allows the actual interaction to be compared with the written police report.
The legality of the traffic stop is an important issue in any Michigan OWI case.
Police generally need a lawful basis to stop a vehicle.
Depending on the circumstances, the defense may examine:
Alleged speeding.
Lane violations.
Equipment violations.
Traffic-control violations.
Reports from witnesses.
Driving behavior observed by the officer.
Whether video supports the officer’s stated reason for the stop.
If significant evidence was obtained after an unlawful stop, suppression issues may arise.
The first several days after an arrest can be important.
A Macomb County district court may impose conditions involving:
Alcohol testing.
Drug testing.
Travel.
Reporting.
No alcohol consumption.
Other conditions intended to assure compliance while the case is pending.
Violating a bond condition can create additional problems.
Potential evidence may include:
Body-camera recordings.
Dashboard-camera video.
Surveillance footage.
DataMaster documentation.
Blood-test records.
Photographs.
Witness information.
If the driver refused a qualifying chemical test, there may be a separate Michigan implied-consent proceeding.
The deadline to request an implied-consent hearing is generally 14 days after the applicable notice.
Learn more about Michigan implied consent and chemical-test refusals.
Sometimes.
A High BAC charge does not automatically remain a High BAC charge through the conclusion of the case.
Depending on the evidence and circumstances, possible resolutions may include:
Reduction to standard OWI.
Reduction to OWVI.
Another negotiated disposition.
Dismissal in an appropriate case.
Trial.
Factors that may affect negotiations include:
Strength of the chemical-test evidence.
Legality of the stop.
Probable cause.
Police procedure.
Prior record.
Accident or injury allegations.
Mitigation.
Compliance with bond conditions.
The individual facts of the case.
No particular reduction or result can be guaranteed.
A High BAC case can be dismissed when the facts or law support dismissal, but dismissal is not automatic simply because the evidence can be challenged.
Potential legal and evidentiary issues can involve:
An unlawful traffic stop.
Lack of sufficient legal grounds for arrest.
Suppression of evidence.
Chemical-test problems.
Evidentiary deficiencies.
Witness issues.
Constitutional violations.
Problems establishing an essential element of the offense.
Every case should be evaluated on its own evidence.
Macomb County contains multiple district courts that handle misdemeanor criminal and traffic matters.
Depending on where the alleged offense occurred, a High BAC case may begin in:
37th District Court — Warren and Center Line.
38th District Court — Eastpointe.
39th District Court — Roseville and Fraser.
40th District Court — St. Clair Shores.
41A District Court — Sterling Heights.
41A District Court — Shelby Township.
41B District Court — Clinton Township.
42-1 District Court — Romeo area.
42-2 District Court — New Baltimore area.
Fraiberg & Pernie handles criminal and OWI matters throughout Macomb County.
For more information about specific local courts and communities, see:
Felony criminal cases in Macomb County may proceed in the 16th Judicial Circuit Court in Mount Clemens after district-court proceedings.
Michigan’s OWI statutes apply statewide, but criminal cases are handled locally.
Differences can arise in:
Court scheduling.
Bond practices.
Alcohol testing.
Pretrial procedures.
Prosecutorial review.
Plea negotiations.
Probation procedures.
Sentencing practices.
Sobriety-court opportunities.
Knowing the court does not guarantee a particular result.
It can, however, help an attorney understand the local procedures and practical issues that may affect how a case progresses.
Matthew Fraiberg is the managing partner of Fraiberg & Pernie and a Michigan criminal-defense and DUI/OWI attorney.
He has more than 29 years of legal experience.
His professional background includes service as:
A former city prosecutor.
A former judicial clerk.
A former assistant legal research clerk.
A Michigan criminal-defense attorney handling OWI and criminal matters.
His practice includes:
High BAC OWI.
Repeat OWI offenses.
Implied-consent refusals.
Driver’s-license matters.
Criminal traffic offenses.
Felony and misdemeanor defense.
The defense of a High BAC case begins with a simple question:
What does the evidence actually prove?
That means looking beyond the BAC number and reviewing the stop, arrest, police video, chemical testing, documentation, and applicable Michigan law.
A High BAC allegation should not be evaluated solely by looking at the number on a breath or blood report. The question is whether the government can establish a lawful stop, lawful arrest, reliable chemical testing, and every element necessary for a conviction.
— Matthew Fraiberg
0.17 or higher.
Michigan’s High BAC provision appears in MCL 257.625.
Yes. “Super Drunk” is a commonly used term for Michigan’s High BAC OWI offense involving an alcohol concentration of .17 or higher.
A qualifying first High BAC offense is generally a misdemeanor. Prior convictions and other circumstances can substantially change the potential charges and penalties.
The statutory maximum for a qualifying first High BAC offense is 180 days.
The actual sentence depends on the case, record, court, and final disposition.
A conviction under MCL 257.625(1) carries six points.
A qualifying first High BAC conviction can produce a one-year license suspension, with restricted driving potentially available after 45 days if applicable ignition-interlock requirements are met.
An ignition-interlock device is required to obtain applicable restricted driving privileges after the initial High BAC suspension period.
Sometimes. The possibility depends on the evidence, prosecutor, court, record, and individual circumstances.
It may be possible in an appropriate case. No reduction can be guaranteed.
Yes. Breath-test reliability, machine records, procedures, operator compliance, and other evidence can be reviewed.
Yes. Collection, handling, chain of custody, laboratory procedures, methodology, and other issues may be relevant.
No.
A refusal can create a separate implied-consent driver’s-license proceeding, and police may obtain chemical evidence through other lawful means.
No. Jail is legally possible, with a maximum of 180 days for a qualifying first High BAC offense, but whether incarceration occurs depends on the circumstances and sentence.
It can. The impact depends on the employer, occupation, driving requirements, licensing rules, and other circumstances.
Yes. Commercial drivers can face separate state and federal CDL consequences from alcohol-related driving convictions.
Michigan law permits an application to set aside certain first-violation OWI convictions, subject to eligibility requirements and judicial approval.
Whether a particular High BAC conviction qualifies should be evaluated under Michigan’s current expungement law.
Setting aside the criminal conviction does not necessarily remove the offense from the driving record maintained by the Michigan Secretary of State.
Fraiberg & Pernie represents clients facing High BAC DUI and other criminal charges throughout Macomb County, including:
Warren.
Sterling Heights.
Shelby Township.
Clinton Township.
Mount Clemens.
Roseville.
Fraser.
St. Clair Shores.
Eastpointe.
New Baltimore.
Romeo.
Harrison Township.
Other Macomb County communities.
The firm also represents clients throughout Oakland County and Wayne County.
A BAC result of .17 or higher can expose a driver to enhanced criminal and driver’s-license consequences, but a chemical-test result should not be treated as an automatic conviction.
The defense should evaluate:
The traffic stop.
Arrest.
Police video.
Field sobriety evidence.
Breath or blood testing.
Driver’s-license consequences.
Police documentation.
Available legal defenses.
Fraiberg & Pernie represents individuals charged with High BAC OWI, DUI, and other criminal offenses throughout Macomb County and Southeast Michigan.
Call (248) 986-2682 for a confidential consultation.
Fraiberg & Pernie
1000 S. Old Woodward Ave., Suite 103
Birmingham, MI 48009
Written and Attorney Reviewed by Matthew Fraiberg
Michigan Criminal Defense Attorney
Former City Prosecutor
29+ Years of Experience
Licensed in Michigan Since 1997
Last reviewed and updated: October, 2026
This page provides general legal information and is not legal advice. Michigan law, licensing rules, and court procedures can change.
Fraiberg & Pernie is a Michigan criminal defense law firm dedicated to defending individuals charged with DUI, drug crimes, assault offenses, domestic violence, white collar crimes, and other felony or misdemeanor charges. The firm represents clients throughout Oakland County, Macomb County, Wayne County, and Metro Detroit. If you need an experienced Michigan criminal defense attorney, Fraiberg & Pernie provides aggressive legal representation focused on protecting your freedom, record, and future.