FRAIBERG & PERNIE
A Michigan High BAC OWI charge generally applies to a qualifying first drunk-driving offense involving a blood alcohol concentration of 0.17 or higher. It is sometimes called Michigan’s “Super Drunk” law.
A conviction can bring greater penalties and longer driver’s-license consequences than an ordinary first-offense OWI. But a BAC result—even one well above 0.17—does not automatically establish guilt or make the evidence immune from challenge.
Fraiberg & Pernie represents people charged with High BAC OWI in Birmingham, Bloomfield Hills, Bloomfield Township, West Bloomfield and the other communities served by the 48th District Court.
The firm combines Matthew Fraiberg’s 29 years of legal experience with Eric Pernie’s former police experience to examine the traffic stop, arrest, video evidence, field-sobriety tests and chemical-testing process.
Call (248) 986-2682 to request a confidential consultation.
Michigan’s High BAC provisions apply to certain first-offense OWI cases when chemical testing shows a BAC of 0.17 or higher. The prosecution must still prove every required element of the charge and establish that its evidence is legally admissible and reliable.
A defense should examine:
Whether the traffic stop was lawful
Whether probable cause supported the arrest
What body-camera and dash-camera recordings show
Whether field-sobriety tests were administered properly
Whether breath- or blood-testing procedures were followed
Whether the chemical evidence is accurate and admissible
Whether the prosecution can prove operation and every other required element
The applicable statute is Michigan Compiled Laws 257.625.
| Question | General answer for a qualifying first High BAC conviction |
|---|---|
| BAC threshold | 0.17 or higher |
| Common name | High BAC OWI or “Super Drunk” |
| Maximum jail | Up to 180 days |
| Fine | $200 to $700 |
| Community service | Up to 360 hours |
| License points | Six points |
| License suspension | One year |
| Restricted driving | May become available after 45 days with an approved ignition interlock and compliance with applicable requirements |
| Treatment | Mandatory alcohol treatment or rehabilitation program |
| Court for covered local arrests | 48th District Court in Bloomfield Hills |
These are general statutory consequences. The precise charge and potential outcome depend on the person’s record, the alleged conduct, the evidence and any additional offenses.
It is slightly more than twice the standard 0.08 per se threshold that generally applies to drivers age 21 and older.
That comparison explains why High BAC is sometimes called “Super Drunk,” but the label is not evidence. The prosecution still carries the burden of proving the charge beyond a reasonable doubt.
The defense should investigate how the BAC number was produced, whether the test was conducted properly and whether the result is admissible and reliable under the facts of the case.
Not solely because the BAC is 0.17 or higher.
A qualifying first-offense High BAC charge is generally a misdemeanor. A drunk-driving case may become a felony because of other circumstances, such as qualifying prior convictions or an alleged crash causing serious injury or death.
A high alcohol reading increases the potential consequences, but the number alone does not automatically turn a first-offense case into a felony.
A qualifying first High BAC conviction may carry:
Up to 180 days in jail
A fine of $200 to $700
Up to 360 hours of community service
Six points on the driving record
A one-year driver’s-license suspension
Mandatory alcohol treatment or rehabilitation
Ignition-interlock requirements for restricted driving after the initial suspension period
Additional court costs and assessments
The maximum possible penalty is not a prediction of what will happen in an individual case. Sentencing can depend on the facts, the person’s history, the court, compliance with bond conditions and other legally relevant considerations.
For a qualifying first High BAC conviction, Michigan generally imposes a one-year driver’s-license suspension.
The first 45 days generally involve no driving. A person may then qualify for restricted driving with a properly installed and approved ignition-interlock device, provided all applicable requirements are satisfied.
Interlock violations can create additional license problems. Allegations involving failed tests, missed retests, tampering, device removal or other noncompliance should be addressed promptly.
The criminal case and the driver’s-license consequences should be evaluated together.
An ignition interlock is a breath-alcohol testing device installed in a vehicle. The driver provides a breath sample before starting the vehicle and may be required to provide additional samples while driving.
Potential issues include:
Failed startup tests
Missed rolling retests
Device malfunctions
Vehicle repairs or battery problems
Calibration and service records
Allegations of tampering or circumvention
Removal of the device
Keep all paperwork from the installer and report mechanical or service problems promptly through the appropriate channels.
A chemical-test number is important evidence, but it was produced through a series of events and procedures. The defense should review the entire process rather than focusing only on the final number.
The defense should determine why the vehicle was stopped and whether the available evidence supports the officer’s stated reason. Potential reasons may include speeding, lane use, an equipment violation, erratic driving, a crash or a citizen report.
If a stop violated constitutional protections, evidence obtained afterward may be subject to challenge.
A lawful stop does not automatically justify an OWI arrest. The defense should compare the officer’s conclusions with the objective evidence, including video, statements, driving observations, field tests and any preliminary breath test.
The review may consider:
The instructions and demonstrations given
The officer’s training and scoring
Road, weather and lighting conditions
Footwear
Physical limitations or medical conditions
The person’s actual performance on video
A brief police-report summary may not show the full context captured by body-camera or dash-camera footage.
Breath-test review may include:
Operator procedures
Observation requirements
Instrument and maintenance records
Test sequence and documentation
Error messages or irregularities
Compliance with applicable administrative requirements
The importance of any issue depends on the facts and whether it affects admissibility, accuracy or weight.
When the prosecution relies on blood evidence, the defense may examine:
Consent or legal authority for the draw
Search-warrant materials
Collection procedures
Storage and transportation
Chain of custody
Laboratory procedures and records
Analytical method
Timing of the draw
Whether expert consultation is appropriate
Scientific evidence must still satisfy legal and evidentiary requirements.
Video may show the driving, initial police contact, speech, balance, coordination, test instructions, performance, statements, scene conditions and arrest procedures.
Sometimes video supports the police report. Sometimes it adds context or reveals a meaningful inconsistency. The actual recording should be reviewed whenever it is available.
The prosecution must prove every required element beyond a reasonable doubt. Depending on the charge, disputed issues may include:
Whether the accused operated the vehicle
Whether the alleged conduct occurred in the charged jurisdiction
Whether the chemical result meets the statutory threshold
Whether the test evidence is admissible and reliable
Whether police acted lawfully
Whether the accused is the person who committed the alleged offense
The accused does not have to prove innocence. The government has the burden of proving the charge.
Although every case is different, a misdemeanor High BAC case commonly includes the following stages.
Police complete the initial investigation. The person may be processed, held for arraignment or released with instructions concerning court, testing and other conditions.
The court advises the accused of the charge and addresses bond, release conditions, testing, travel restrictions and future court dates.
The defense requests and analyzes evidence that may include police reports, recordings, chemical-test documents, laboratory materials, photographs, dispatch records and witness statements.
The parties discuss the case while the defense investigates the evidence, legal issues and possible resolutions.
When supported by the facts and law, the defense may challenge the stop, arrest, search, statements, chemical-test evidence or other evidence.
A case may conclude through dismissal, reduction, negotiated resolution or trial. No particular result can be promised.
Potentially, but never automatically.
A reduction or dismissal may depend on:
The strength and admissibility of the evidence
A legal problem with the traffic stop or arrest
Breath- or blood-testing issues
Video that conflicts with written allegations
Missing or unavailable evidence
Witness credibility or availability
Failure to prove a required element
Mitigating circumstances and the person’s prior record
The defense should evaluate possible challenges before deciding whether a negotiated resolution is appropriate. No ethical attorney can guarantee a dismissal, reduction or particular sentence.
The 48th District Court is located at 4280 Telegraph Road, Bloomfield Hills, Michigan 48302.
The court serves:
Birmingham
Bloomfield Hills
Bloomfield Township
West Bloomfield Township
Keego Harbor
Orchard Lake Village
Sylvan Lake
The location of the alleged offense generally determines the district court—not where the person lives.
Depending on the jurisdiction and charging authority, a case may be prosecuted under state law or a local ordinance. Identifying the correct court, prosecutor, police agency and charging provision is part of preparing the defense.
An OWI allegedly committed in Birmingham may be heard in the 48th District Court. Evidence may include Birmingham Police reports, body-camera footage, dash-camera footage, chemical-test records, witness statements and nearby surveillance video.
Cases arising in Bloomfield Hills or Bloomfield Township may also proceed in the 48th District Court. Important questions include whether the stop and arrest were lawful, what the recordings show and whether the chemical evidence was obtained and tested properly.
West Bloomfield Township is within the 48th District Court’s jurisdiction. A person arrested in West Bloomfield may therefore have the criminal case heard at the courthouse in Bloomfield Hills.
Michigan OWI law applies statewide, but every case is handled by a particular court, judge, prosecutor, police agency and probation department.
Court-specific experience helps an attorney understand:
Who is prosecuting the charge
Which procedures and deadlines apply
What may happen at the next hearing
How bond and testing conditions are addressed
Which records and recordings should be requested
What legal and evidentiary issues require investigation
Matthew Fraiberg has practiced law since 1997 and serves in the Managed Assigned Counsel system connected with the 48th District Court. Court familiarity cannot guarantee an outcome, but it can support more informed preparation.
Follow every bond and testing condition.
Save all police, court and driver’s-license documents.
Write down what happened while your memory is fresh.
Preserve receipts, messages, photographs, location data and other possible evidence.
Identify potential witnesses.
Do not discuss the case on social media.
Do not violate travel or no-contact restrictions.
Address license notices and deadlines promptly.
Obtain and review the police reports and available video.
Evaluate the breath- or blood-testing evidence before deciding how to resolve the case.
Missing alcohol or drug testing
Violating bond conditions
Missing court
Ignoring license paperwork
Posting about the incident online
Deleting messages or other potential evidence
Giving unnecessary additional statements
Assuming the chemical-test number cannot be examined
Entering a plea before reviewing the evidence
Waiting too long to investigate or preserve video
Conduct after an arrest can create new problems separate from the original allegation.
Matthew Fraiberg has practiced law in Michigan since 1997. His background includes work as a criminal-defense lawyer, city prosecutor, judicial clerk and assistant legal research clerk with Oakland County Circuit Court judges.
Before becoming an attorney, Eric Pernie served as a Bloomfield Township police officer. His background provides firsthand insight into traffic stops, field-sobriety testing, arrests, police reports, body-camera evidence and investigative procedures.
The firm looks beyond the accusation to the underlying reports, recordings, witness information and chemical-testing evidence.
Fraiberg & Pernie represents clients in the 48th District Court and throughout Oakland County.
Clients receive practical explanations of the charge, court process, evidence, license consequences and available options.
A BAC of 0.17 or higher can trigger Michigan’s High BAC provisions in a qualifying first-offense OWI case.
No. A first-offense High BAC charge is not automatically a felony solely because of the BAC level.
A qualifying first High BAC conviction can carry up to 180 days in jail.
The statutory fine generally ranges from $200 to $700, in addition to possible costs and assessments.
A qualifying first High BAC conviction generally results in a one-year suspension.
Restricted driving may become available after the initial 45-day suspension if the person meets the ignition-interlock and other applicable requirements.
Potentially. The defense can examine operator procedures, observation requirements, equipment records, test documentation and other admissibility or reliability issues.
Potential issues may involve legal authority for the draw, collection, storage, chain of custody, laboratory procedures, analytical records and expert interpretation.
No. The result is evidence, but the prosecution must still prove the charge and establish the admissibility and reliability of its evidence.
A meaningful inconsistency may become important defense evidence. Its significance depends on what the recording shows and which issue is disputed.
An alleged implied-consent refusal may create separate driver’s-license consequences and time-sensitive hearing issues. It should be reviewed promptly.
The court is located at 4280 Telegraph Road, Bloomfield Hills, Michigan 48302.
Yes. Birmingham and West Bloomfield Township are among the communities served by the 48th District Court.
If you were arrested for High BAC OWI in Birmingham, Bloomfield Hills, Bloomfield Township, West Bloomfield or another community served by the 48th District Court, do not assume that a high BAC number decides the case.
Fraiberg & Pernie can review the traffic stop, arrest, video evidence, field-sobriety testing, chemical-test records, license consequences and court process.
Call (248) 986-2682 to request a confidential consultation.
Protect your license. Protect your record. Protect your career. Protect your future.
Matthew Fraiberg is a Michigan criminal-defense and OWI attorney who has practiced law since 1997. He is a former city prosecutor, former judicial clerk and former assistant legal research clerk who worked with Oakland County Circuit Court judges. His practice includes High BAC OWI, first and repeat OWI charges, felony and misdemeanor defense, probation violations and criminal-traffic matters.
Eric L. Pernie is a Michigan criminal-defense attorney and former Bloomfield Township police officer. His law-enforcement background provides firsthand knowledge of traffic stops, field-sobriety testing, arrests, police reports, body-camera evidence and investigative procedures.
Together, the attorneys at Fraiberg & Pernie combine extensive courtroom experience with former law-enforcement insight when evaluating Michigan OWI and criminal cases.
Written and legally reviewed by: Matthew Fraiberg
Last reviewed and updated: October 2026
This page provides general legal information and does not constitute legal advice. Viewing this page or contacting the firm does not create an attorney-client relationship. Prior results do not guarantee or predict future outcomes.

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