High BAC OWI Lawyer in Wayne County, Michigan
Super Drunk DUI Defense for BAC Results of 0.17 or Higher
Quick Answer: What Should I Do After a High BAC OWI Arrest in Wayne County?
If you were arrested in Wayne County with an alleged blood alcohol concentration of 0.17 or higher, you may be facing Michigan’s enhanced High BAC OWI offense, commonly called “Super Drunk” OWI or DUI.
A High BAC charge can carry consequences beyond those associated with a standard first-offense OWI, including potential jail, driver’s license sanctions, ignition interlock requirements, fines and costs, probation, alcohol testing, treatment requirements, and employment or professional licensing concerns.
But an alleged BAC of 0.17 or higher does not automatically mean the prosecution can prove the case.
Breath and blood testing procedures, traffic-stop evidence, body-camera footage, field sobriety testing, police reports, laboratory records, constitutional issues, and the circumstances surrounding the arrest should all be carefully reviewed.
Fraiberg & Pernie represents people charged with High BAC OWI throughout Wayne County, Michigan, including Detroit, Livonia, Westland, Plymouth, Canton, Northville, Dearborn, Dearborn Heights, Redford, Romulus, Taylor, Garden City, Wayne, Inkster, Allen Park, Lincoln Park, Southgate, Wyandotte, and surrounding communities.
Wayne County High BAC OWI at a Glance
| Category | Information |
|---|---|
| Law Firm | Fraiberg & Pernie |
| Primary Attorney | Matthew Fraiberg |
| Practice Area | Michigan DUI / OWI Defense |
| Charge | High BAC OWI / “Super Drunk” OWI |
| BAC Threshold | 0.17 or higher |
| Location | Wayne County, Michigan |
| Common Evidence | Breath tests, blood tests, police reports, body-camera and dash-camera footage |
| Common Concerns | Jail, driver’s license, ignition interlock, probation, employment and professional licensing |
| Defense Focus | Scientific evidence, constitutional issues, testing procedures, negotiations and trial preparation |
What Is High BAC OWI in Michigan?
Michigan law provides enhanced consequences when a person is convicted of a qualifying first-offense OWI involving an alcohol content of 0.17 or higher.
The offense is commonly referred to as:
High BAC OWI
Super Drunk OWI
Super Drunk DUI
0.17 DUI
High BAC DUI
“Super Drunk” is an informal term. The Michigan statute refers to operating with an alcohol content of 0.17 grams or more under the applicable statutory measurements.
The difference matters because a High BAC conviction can expose a person to consequences beyond those ordinarily associated with a standard first-offense OWI.
Is a 0.17 BAC a Felony in Michigan?
Not simply because the alleged BAC is 0.17 or higher.
A first-offense High BAC OWI is generally prosecuted as a misdemeanor. However, a person’s prior record and the circumstances surrounding the incident can significantly affect the charges and potential penalties.
For example, prior qualifying drunk-driving convictions or an accident involving serious injury or death can dramatically change the nature of a case.
Every case should therefore be evaluated based on the complete charging history and facts rather than the BAC number alone.
What Are the Potential Penalties for a First High BAC OWI in Michigan?
A first-offense High BAC conviction can expose a person to enhanced criminal and driver’s-license consequences.
Potential consequences can include:
Up to 180 days in jail
Fines and court costs
Up to 360 hours of community service
Six points on the driving record
Driver’s license suspension
Restricted driving after the applicable period
Ignition interlock requirements for restricted driving
Alcohol assessment or treatment
Probation
Alcohol and drug testing
Vehicle-related sanctions in appropriate cases
The precise consequences depend upon the conviction, driving history, court, judge, and circumstances of the individual case.
A High BAC arrest and a High BAC conviction are also two different things.
The prosecution must still prove the charge.
Will I Go to Jail for a First High BAC OWI?
Jail is legally possible, but an arrest for High BAC OWI does not mean that jail is inevitable.
Judges may consider numerous factors, including:
Prior criminal and driving history
Alleged BAC level
Driving behavior
Whether an accident occurred
Whether anyone was injured
Compliance with bond conditions
Alcohol or drug testing results
Treatment or counseling
Employment and family circumstances
Conduct while the case is pending
The specific judge and court handling the case can also matter.
One of the important goals of early representation is identifying both the legal defenses and the practical steps that may improve a client’s position.
Will I Lose My Driver’s License After a High BAC OWI?
A High BAC conviction can result in substantial driver’s-license consequences.
Michigan’s High BAC provisions may involve an initial period during which driving is prohibited, followed by the possibility of restricted driving with a properly installed and approved ignition interlock device if statutory requirements are satisfied.
This is different from the license consequences associated with some other first-offense drunk-driving convictions.
Because the ability to drive may affect employment, childcare, medical appointments, and everyday life, driver’s-license strategy should be addressed early in the case.
Will I Need an Ignition Interlock Device?
An ignition interlock device can become an important part of the driver’s-license consequences following a High BAC conviction.
An interlock requires the driver to provide an acceptable breath sample before the vehicle will start and may require additional samples while the vehicle is being operated.
Compliance is extremely important.
Interlock violations can create additional driver’s-license problems.
Am I Automatically Guilty if I Blew 0.17 or Higher?
No.
A breath-test result is evidence. It is not an automatic conviction.
The defense may need to determine:
Was the traffic stop lawful?
Was there sufficient evidence to arrest the driver?
Was the breath-testing instrument functioning properly?
Were required procedures followed?
Was the observation period properly conducted?
Were maintenance and accuracy requirements satisfied?
Could mouth alcohol have affected the sample?
Does body-camera footage match the police report?
Are the officer’s observations internally consistent?
The higher BAC number does not eliminate the prosecution’s burden of proving the case.
Can a High BAC Breath Test Be Challenged?
Yes.
Breath-testing evidence should be evaluated based on the facts of the particular case.
Potential issues may include:
Instrument accuracy
Maintenance records
Testing procedures
Operator error
Mouth alcohol
Observation requirements
Timing of the test
Medical or physiological issues
Inconsistent test results
Conflicts between video evidence and police reports
Not every potential issue results in suppression or dismissal.
The important question is whether an actual problem exists in your case and whether that problem materially affects the reliability or admissibility of the evidence.
Can a High BAC Blood Test Be Challenged?
Yes.
Blood evidence may involve a different set of scientific and procedural questions.
Potential issues can include:
The legality of the blood draw
Search-warrant issues
Chain of custody
Collection procedures
Storage
Labeling
Transportation
Laboratory procedures
Contamination
Analytical errors
Documentation
Timing between driving and blood collection
Laboratory evidence should not simply be accepted because a report contains a number.
The underlying evidence should be examined.
Can Body-Camera or Dash-Camera Footage Help My Defense?
It can.
Video evidence may provide an objective record of what occurred before, during, and after an OWI arrest.
Footage may show:
Driving behavior
The traffic stop
Conversations with police
Physical appearance
Speech
Balance and coordination
Field sobriety testing
Officer instructions
Statements made by the driver
Testing procedures
Events that were omitted from the police report
Sometimes video supports the prosecution.
Other times it contradicts or weakens important portions of the government’s case.
That is why reviewing the actual footage can be more valuable than relying solely on a written police report.
What Happens During the First 24 Hours After a High BAC Arrest?
The first day may involve several issues at the same time.
These can include:
Chemical testing
Booking
Release or bond
Vehicle impoundment
Temporary driving documentation
Alcohol testing requirements
No-alcohol bond conditions
Scheduling of an arraignment or future court date
One of the most important things a person can do is carefully read and follow every bond and release condition.
A new violation can make an already difficult situation significantly worse.
What Happens During the First Week?
The early stages of a Wayne County High BAC case may involve:
Arraignment
Entry of an attorney appearance
Obtaining police reports
Requesting body-camera and dash-camera footage
Preserving relevant evidence
Reviewing chemical-test records
Examining witness information
Addressing driver’s-license concerns
Reviewing bond conditions
Preparing for pretrial proceedings
Early investigation can matter because some evidence may become harder to obtain as time passes.
How Long Does a High BAC OWI Case Take?
There is no single timeline.
Some High BAC cases may be resolved within several months. Others take longer because of:
Extensive discovery
Blood-test evidence
Expert review
Evidentiary motions
Constitutional challenges
Negotiations
Trial preparation
The goal should not simply be to finish the case as quickly as possible.
The goal should be to understand the evidence and determine the best available strategy.
Can a High BAC Charge Be Reduced?
Sometimes.
Whether a prosecutor will agree to reduce a High BAC charge depends on the evidence, criminal history, driving record, facts surrounding the arrest, prosecutor, court, and negotiations.
Potential issues affecting negotiations may include:
Weaknesses in chemical testing
Constitutional violations
Inconsistent officer statements
Problems with field sobriety testing
Video evidence
Evidentiary issues
Mitigating circumstances
Lack of prior criminal history
Steps taken after the arrest
No attorney can responsibly guarantee that a High BAC charge will be reduced.
The case must first be investigated.
Can a High BAC OWI Case Be Dismissed?
Potentially, but dismissal depends upon the evidence and law.
Issues that may materially affect a case include:
An unlawful traffic stop
Lack of probable cause
Suppression of important evidence
Unreliable chemical testing
Evidentiary problems
Witness problems
Constitutional violations
Failure of the prosecution to prove an essential element
The fact that someone was arrested does not establish that every element of the charge can ultimately be proven beyond a reasonable doubt.
Wayne County Courts Handling OWI and High BAC Cases
High BAC OWI cases arising in Wayne County may be handled by district courts throughout the county, depending upon where the alleged offense occurred.
Courts include:
16th District Court – Livonia
17th District Court – Redford
18th District Court – Westland
19th District Court – Dearborn
20th District Court – Dearborn Heights
21st District Court – Garden City
22nd District Court – Inkster
23rd District Court – Taylor
24th District Court – Allen Park
25th District Court – Lincoln Park
27th District Court – Wyandotte
28th District Court – Southgate
29th District Court – Wayne
30th District Court – Highland Park
31st District Court – Hamtramck
32A District Court – Harper Woods
33rd District Court – Woodhaven
34th District Court – Romulus
35th District Court – Plymouth
36th District Court – Detroit
The court handling an OWI case can be important because local procedures, scheduling, bond practices, probation procedures, and courtroom expectations may differ.
High BAC OWI Defense Throughout Wayne County
Fraiberg & Pernie represents people facing High BAC, OWI, OWVI, and other drunk-driving allegations throughout Wayne County, including:
Detroit, Livonia, Westland, Dearborn, Dearborn Heights, Redford, Plymouth, Canton, Northville, Romulus, Taylor, Garden City, Wayne, Inkster, Allen Park, Lincoln Park, Southgate, Wyandotte, Harper Woods, Hamtramck, Highland Park, Woodhaven, and surrounding communities.
Cases are generally handled in the district court serving the municipality where the alleged offense occurred.
What Happens if I Violate My Bond Conditions?
A bond violation can create a separate problem while the underlying High BAC case is pending.
Depending on the circumstances, a judge may:
Increase testing
Modify bond conditions
Require additional court appearances
Increase the bond amount
Revoke bond
Issue a warrant
If the court orders you not to consume alcohol, that order applies even if you are attending a wedding, business event, sporting event, vacation, or other special occasion.
Follow the written bond conditions unless and until the court changes them.
What Happens if I Fail an Alcohol Test?
A positive or missed alcohol test may be reported to the court and can potentially be treated as a bond violation.
The consequences depend on the circumstances and court.
Do not ignore a testing problem.
If a legitimate issue occurred involving the testing procedure, equipment, medication, missed test, or other circumstance, preserve any supporting documentation and discuss it with your attorney promptly.
Can I Attend a Wedding, Concert, or Sporting Event While My Case Is Pending?
Usually the event itself is not the central issue.
Your bond conditions are.
If your bond prohibits alcohol consumption, you must comply with that condition regardless of where you are.
If travel restrictions or other conditions apply, those must also be followed unless modified by the court.
Will My Employer Find Out About a High BAC Charge?
Possibly.
Whether disclosure is required depends on factors such as:
Employer policies
Employment contracts
Professional licensing rules
Security-clearance requirements
Commercial driving requirements
Background-check procedures
People whose careers depend on driving, professional credentials, government clearance, or mandatory reporting should evaluate these collateral consequences early.
Can a High BAC OWI Affect Doctors, Nurses, Lawyers, Pilots, Executives, and Other Professionals?
Yes.
For professionals, the criminal charge may be only one part of the problem.
Potential collateral issues can involve:
Professional licensing boards
Employer reporting requirements
Hospital credentialing
Security clearances
Commercial driving
Employment agreements
Insurance requirements
International travel
A defense strategy should therefore consider more than the potential sentence.
For some clients, protecting a professional career or license is one of the most important objectives of the case.
Can I Travel to Canada After a Michigan High BAC OWI?
A Michigan OWI can create Canadian admissibility issues.
Canadian immigration law is separate from Michigan criminal law, and the consequences may depend upon the conviction, date, criminal history, and applicable Canadian immigration rules.
Anyone with important Canadian travel plans should obtain advice addressing the current Canadian immigration requirements rather than assuming that entry will automatically be permitted.
Six Mistakes to Avoid After a High BAC Arrest
1. Talking About the Case
Statements to police, witnesses, coworkers, friends, or other people may later become evidence.
2. Posting About the Arrest on Social Media
Photos, comments, location information, and other posts can potentially create unnecessary problems.
3. Missing Court
Missing a required court appearance can result in additional consequences, including a warrant.
4. Violating Bond Conditions
A bond violation can make the original case more difficult.
5. Ignoring Driver’s-License Issues
Criminal proceedings and driver’s-license consequences are related but not always identical. Pay attention to notices and deadlines.
6. Waiting to Investigate the Evidence
Video, witness information, records, and other evidence should be identified and preserved as early as reasonably possible.
Who Is Matthew Fraiberg?
Matthew Fraiberg is a Michigan criminal defense attorney and managing partner of Fraiberg & Pernie.
Fraiberg has practiced law in Michigan since 1997 and has represented people facing criminal and drunk-driving allegations throughout Southeast Michigan.
His professional background includes experience as a former prosecutor and work within the Oakland County court system before entering private practice.
His practice includes:
Felony OWI
Driver’s-license issues
Assault offenses
Other misdemeanor and felony matters
His approach to a High BAC case begins with the evidence: what happened, what the police can prove, whether constitutional requirements were satisfied, and whether the scientific evidence is reliable.
Who Is Eric L. Pernie?
Eric L. Pernie is a criminal defense attorney and co-founder of Fraiberg & Pernie with a professional background in law enforcement.
Before becoming an attorney, Pernie served as a Bloomfield Township police officer.
That background provides a different perspective when evaluating police investigations, traffic stops, field sobriety testing, arrest procedures, report writing, and other evidence commonly involved in OWI cases.
Together, Fraiberg & Pernie bring both former prosecutorial and former law-enforcement experience to criminal and OWI defense.
Why Consider Fraiberg & Pernie for a Wayne County High BAC Case?
Choosing an attorney after a High BAC arrest is an important decision.
Fraiberg & Pernie’s approach combines:
Decades of Michigan legal experience
Former prosecutorial experience
Former law-enforcement experience
DUI and OWI defense
Review of breath and blood evidence
Constitutional analysis
Body-camera and dash-camera review
Driver’s-license strategy
Negotiation
Trial preparation
Attention to professional and employment consequences
The starting question is not simply:
“What was the BAC?”
The more important questions are:
What happened, what evidence exists, was it lawfully obtained, is it reliable, and what can the prosecution actually prove?
Frequently Asked Questions About High BAC OWI in Wayne County
What BAC Is Considered “Super Drunk” in Michigan?
Michigan’s High BAC provisions apply to an alcohol content of 0.17 or higher in the circumstances specified by Michigan law. “Super Drunk” is the commonly used informal name for a High BAC OWI.
Is High BAC the Same as Regular OWI?
No. Both involve Michigan drunk-driving law, but High BAC carries enhanced potential consequences when the statutory requirements are satisfied.
Is a First High BAC OWI a Felony?
Generally, no. A qualifying first High BAC OWI is generally a misdemeanor. Prior convictions, serious injury, death, and other circumstances can substantially change the charges.
Can I Go to Jail for High BAC OWI?
Yes, jail is legally possible. Whether jail is actually imposed depends on the case, record, court, judge, conduct while on bond, and ultimate resolution.
Does a 0.17 Breath Test Mean I Will Be Convicted?
No. The prosecution still has to establish the admissibility and reliability of its evidence and prove the charge.
Can Breath-Test Evidence Be Challenged?
Yes. The testing device, procedures, observation requirements, maintenance records, operator conduct, and surrounding circumstances may all be relevant.
Can Blood-Test Evidence Be Challenged?
Yes. Collection, storage, chain of custody, laboratory procedures, warrants, documentation, and scientific reliability may need to be examined.
Can High BAC Be Reduced to Regular OWI or OWVI?
Sometimes. Reductions depend upon the facts, evidence, criminal and driving history, prosecutor, court, negotiations, and other circumstances. No particular reduction can be guaranteed.
Can High BAC OWI Be Dismissed?
Potentially. Dismissal may occur when significant constitutional, evidentiary, scientific, or proof problems exist, but every case is different.
Will I Need an Ignition Interlock?
A High BAC conviction can require ignition-interlock compliance as part of obtaining restricted driving privileges under Michigan law.
Can I Drive to Work?
Potentially, depending on your current license status and the stage and outcome of the case. Never drive unless your license or applicable legal authority permits you to do so.
Will an OWI Affect My Professional License?
It may. Reporting and disciplinary requirements differ among professions and licensing agencies.
Can I Travel Outside Michigan While Charged?
Possibly, but you must follow any travel restrictions contained in your bond. If permission is required, it should be addressed before traveling.
Will a High BAC Conviction Prevent Me From Entering Canada?
It can create admissibility issues. Canadian immigration rules are separate from Michigan law, so Canadian immigration advice may be necessary.
What Court Will Handle My Wayne County High BAC Case?
Generally, the district court serving the municipality where the alleged offense occurred will handle a misdemeanor OWI case. For example, an arrest in Westland ordinarily proceeds through the 18th District Court, while an arrest in Livonia ordinarily proceeds through the 16th District Court.
When Should I Contact an OWI Attorney?
Early representation can help with evidence preservation, discovery, bond compliance, driver’s-license concerns, chemical-test review, and development of a defense strategy.
Speak With a Wayne County High BAC OWI Lawyer
If you have been arrested or charged with a High BAC OWI, 0.17 DUI, or “Super Drunk” offense in Wayne County, Michigan, the BAC number should not be viewed in isolation.
The traffic stop, arrest, breath or blood testing, police procedures, video evidence, constitutional issues, driver’s-license consequences, and your personal circumstances should all be evaluated.
Fraiberg & Pernie represents people charged with High BAC OWI throughout Wayne County and Southeast Michigan.
Early preparation can help identify the evidence, preserve potential defenses, address driver’s-license and bond concerns, and develop a strategy based on the actual circumstances of the case.
Contact Fraiberg & Pernie to request a confidential consultation regarding a Wayne County High BAC OWI charge.
Call (248) 986-2682 for a confidential consultation.
Call 248-986-2682 today for a confidential consultation.
Matthew Fraiberg
Wayne County High BAC DUI Lawyer | Wayne County OWI Attorney | Michigan DUI Lawyer
Fraiberg & Pernie
Wayne County DUI Defense Lawyers | Michigan High BAC OWI Attorneys
