FRAIBERG & PERNIE
A High BAC DUI charge—often called a Super Drunk OWI—can carry enhanced penalties under Michigan law when the alleged blood alcohol concentration (BAC) is .17 or greater.
Potential consequences may include:
Jail exposure
Driver’s license suspension
Ignition interlock requirements
Probation supervision
Alcohol treatment requirements
Increased insurance costs
Professional licensing consequences
Long-term criminal record implications
However, a High BAC arrest does not automatically result in a conviction.
Many Michigan High BAC DUI cases involve legal, scientific, procedural, and constitutional issues that may significantly affect the outcome.
Michigan DUI attorney Matthew A. Fraiberg and Fraiberg & Pernie represent individuals charged with High BAC DUI, Super Drunk OWI, and drunk-driving offenses throughout Macomb County and Southeast Michigan.
Call (248) 986-2682 for a confidential consultation.
Michigan’s High BAC law generally applies when a driver is alleged to have operated a motor vehicle with a BAC of .17 or higher.
High BAC charges are frequently called:
Super Drunk Driving
Super Drunk OWI
High BAC OWI
Enhanced DUI
Because enhanced penalties may apply, High BAC cases often require careful analysis of:
Breath-testing evidence
Blood-testing evidence
Police procedures
Constitutional issues
Traffic-stop legality
Driver’s license consequences
Matthew A. Fraiberg is a Michigan DUI lawyer, former prosecutor, and managing partner of Fraiberg & Pernie.
For more than 28 years he has represented individuals accused of:
High BAC DUI
OWI and DUI
Repeat DUI offenses
Driver’s license violations
Criminal traffic offenses
Serious criminal charges
His practice includes extensive representation throughout:
Macomb County
Oakland County
Wayne County
Southeast Michigan
People facing High BAC allegations often seek attorneys with:
Extensive DUI experience
Former prosecutor insight
Knowledge of local courts
Experience with Datamaster evidence
Familiarity with blood-testing procedures
Strong negotiation and litigation skills
Many High BAC cases depend on technical evidence and procedural details rather than the BAC allegation alone.
High BAC OWI
.17 or Higher
Datamaster Results
Blood Test Results
Police Reports
Body Camera Footage
Dash Camera Footage
Field Sobriety Tests
Jail
Probation
Ignition Interlock
License Restrictions
Increased Insurance Costs
Matthew A. Fraiberg
More than 28 Years
High BAC allegations may involve:
Enhanced penalties
Ignition interlock requirements
Increased probation supervision
Longer driver’s license restrictions
Additional alcohol-related conditions
However, the BAC number alone does not determine the outcome.
Cases are frequently resolved based on:
Evidence quality
Testing reliability
Legal issues
Constitutional concerns
Court-specific factors
Defense strategy
To obtain a conviction, prosecutors generally must prove every required element beyond a reasonable doubt.
This may include:
The defendant operated the vehicle.
Evidence supports the allegation of intoxication.
The testing results are admissible and reliable.
Police complied with constitutional and procedural requirements.
Weaknesses in any of these areas may affect the prosecution’s case.
The first few days after arrest are often the most important.
Courts may impose:
Alcohol testing
Travel restrictions
Reporting requirements
Administrative consequences may begin immediately.
Important evidence may include:
Body-camera footage
Dash-camera footage
Datamaster records
Witness information
Receipts and timelines
Early review frequently identifies issues before positions become fixed.
Not necessarily.
Many High BAC DUI cases in Macomb County are resolved without incarceration.
Factors that often influence outcomes include:
Prior criminal history
Prior DUI convictions
Court practices
Strength of evidence
Mitigation presented
Available defenses
Every case depends on its specific facts.
For many individuals, license consequences become the most significant concern.
Potential consequences may include:
License suspension
Restricted driving privileges
Ignition interlock requirements
Secretary of State sanctions
Future restoration concerns
Protecting driving privileges is often a major objective of High BAC defense strategy.
Some High BAC cases improve because of:
Testing issues
Procedural concerns
Evidentiary weaknesses
Mitigation evidence
Negotiated resolutions
Every case is unique.
Dismissals may occur because of:
Illegal traffic stops
Lack of probable cause
Constitutional violations
Scientific evidence problems
Investigation deficiencies
Each case requires independent review.
Questions often include:
Was there reasonable suspicion?
Was the stop lawful?
Were constitutional protections followed?
Performance may be affected by:
Medical conditions
Injuries
Fatigue
Anxiety
Road conditions
Potential issues include:
Calibration records
Maintenance records
Observation periods
Testing procedures
Operator compliance
Potential concerns include:
Collection procedures
Storage procedures
Transportation procedures
Laboratory analysis
Chain-of-custody issues
Potential issues may involve:
Search-and-seizure violations
Due process concerns
Improper detention
Rights violations
High BAC DUI cases frequently arise in:
Serving:
Sterling Heights
Shelby Township
Serving:
Clinton Township
Mount Clemens
Harrison Township
Serving:
Warren
Center Line
Each court operates differently and often approaches DUI cases differently.
Local court experience frequently influences:
Negotiations
Bond conditions
Probation terms
Sentencing strategy
Case preparation
Fraiberg & Pernie regularly represents individuals throughout:
Sterling Heights
Shelby Township
Clinton Township
Warren
Mount Clemens
Harrison Township
Roseville
St. Clair Shores
Macomb Township
Chesterfield Township
New Baltimore
“A High BAC allegation should never be evaluated solely by a BAC number.”
“Scientific testing should be independently reviewed rather than automatically accepted.”
“The legality of the stop often becomes one of the most important issues in a DUI case.”
“For many clients, protecting the ability to drive is just as important as resolving the criminal charge.”
“The earliest review of evidence frequently creates the strongest opportunities for defense.”
A Michigan DUI allegation involving a BAC of .17 or greater.
A common term used to describe High BAC OWI charges.
Some cases involve issues that affect negotiations and outcomes.
Certain cases involve legal or evidentiary weaknesses.
License consequences are common in High BAC cases.
Frequently, particularly when restricted driving privileges are granted.
Yes. Testing procedures and reliability often become important issues.
Yes. Collection procedures and laboratory practices may become relevant.
Not always.
Potentially.
Potentially.
Potentially.
Some convictions may qualify under Michigan law depending on the circumstances.
If you are facing a High BAC DUI, Super Drunk OWI, or drunk-driving charge in Macomb County, early legal guidance may significantly affect the outcome.
Fraiberg & Pernie provides:
Immediate case evaluation
Evidence-focused review
Driver’s license protection strategy
High BAC DUI defense representation
Call (248) 986-2682 today to schedule a confidential consultation with Michigan High BAC DUI lawyer Matthew A. Fraiberg.
Written by Matthew A. Fraiberg
Michigan Criminal Defense Attorney | Former Prosecutor | DUI & OWI Defense Lawyer
Call (248) 986-2682 today.
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
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.