FRAIBERG & PERNIE
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 charge.
The defense should evaluate the entire investigation, including:
Why the vehicle was stopped
Whether there was probable cause for arrest
Body-camera and dash-camera footage
Field sobriety testing
Breath-testing procedures
Blood-testing procedures
Police reports
Laboratory records
Constitutional issues
Driver’s-license consequences
Fraiberg & Pernie represents people charged with High BAC OWI throughout Wayne County, Michigan, including Detroit, Livonia, Westland, Dearborn, Dearborn Heights, Redford, Plymouth, Canton, Romulus, Taylor, Garden City, Wayne, Inkster, Allen Park, Lincoln Park, Southgate, Wyandotte and surrounding communities.
Matthew Fraiberg is a Michigan criminal defense and OWI attorney, former City Prosecutor and former Judicial Clerk who has practiced Michigan law since 1997.
Eric L. Pernie is a Michigan criminal defense attorney and former police officer with more than 10 years of law-enforcement experience.
Call Fraiberg & Pernie at (248) 986-2682 for a confidential consultation about a Wayne County High BAC OWI charge.
| Law Firm | Fraiberg & Pernie |
| Practice Area | Michigan DUI / OWI Defense |
| Charge | High BAC OWI / “Super Drunk” OWI |
| BAC Threshold | 0.17 or higher |
| Location | Wayne County, Michigan |
| Attorneys | Matthew Fraiberg and Eric L. Pernie |
| Attorney Backgrounds | Former City Prosecutor, Former Judicial Clerk, Former Police Officer |
| 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 | Evidence, Michigan law, scientific testing, police procedure, constitutional issues and trial preparation |
| Phone | (248) 986-2682 |
Michigan law provides enhanced consequences for a qualifying first-offense OWI involving an alcohol content of 0.17 or higher.
The offense is commonly called:
High BAC OWI
Super Drunk OWI
Super Drunk DUI
0.17 DUI
High BAC DUI
“Super Drunk” is an informal term. Michigan law refers to operating with an alcohol content of 0.17 grams or more under the applicable statutory measurements.
The distinction matters because a High BAC conviction can expose a person to consequences beyond those ordinarily associated with a standard first-offense OWI.
Michigan’s principal impaired-driving statute is MCL 257.625.
For a broader explanation of Michigan OWI law, read Fraiberg & Pernie’s Michigan DUI and OWI Defense Guide.
No—not simply because the alleged BAC is 0.17 or higher.
A qualifying first-offense High BAC OWI is generally prosecuted as a misdemeanor.
However, prior qualifying drunk-driving convictions or circumstances such as serious injury or death can substantially change the charges and potential consequences.
A qualifying third-offense OWI can be prosecuted as a felony.
The complete driving history, charging history and facts should therefore be evaluated rather than focusing on the BAC number alone.
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 when applicable
The precise consequences depend on the conviction, driving history, court and circumstances of the individual case.
A High BAC arrest and a High BAC conviction are not the same thing.
The prosecution still must prove the charged offense with admissible evidence.
Jail is legally possible, but a High BAC arrest does not mean jail is inevitable.
Factors that may become relevant include:
Prior criminal history
Driving history
Alleged BAC
Driving behavior
Accident allegations
Injury allegations
Compliance with bond conditions
Alcohol or drug testing
Treatment or counseling
Employment and family circumstances
Conduct while the case is pending
Final resolution of the case
The court and judge handling the case can also matter.
No attorney can responsibly guarantee whether jail will or will not be imposed without understanding the individual case.
A High BAC conviction can result in significant driver’s-license consequences.
Michigan’s High BAC provisions can 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 when statutory requirements are satisfied.
Those consequences differ from some other first-offense drunk-driving convictions.
Because the ability to drive can affect employment, childcare, medical appointments and everyday life, driver’s-license consequences should be evaluated as part of the defense strategy.
An ignition-interlock device can become an important part of the driver’s-license consequences following a High BAC conviction.
An interlock generally requires an acceptable breath sample before the vehicle will start and may require additional samples while the vehicle is being operated.
Compliance matters.
Interlock violations can create additional driver’s-license problems.
No.
A breath-test result is evidence. It is not an automatic conviction.
Questions can include:
Was the traffic stop lawful?
Was there probable cause for the arrest?
Was the breath-testing instrument functioning properly?
Were required procedures followed?
Was the observation period properly conducted?
Were applicable 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 consistent with the video and other evidence?
A high BAC number does not eliminate the prosecution’s burden of proving the charge.
Yes.
Breath-testing evidence should be evaluated based on the facts of the particular case.
Potential areas of review can include:
Instrument accuracy
Maintenance records
Testing procedures
Operator conduct
Mouth alcohol
Observation requirements
Timing of the test
Medical or physiological issues
Inconsistent results
Conflicts between video evidence and police reports
Not every potential problem results in suppression, reduction or dismissal.
The important question is whether an actual issue exists and whether it materially affects the reliability or admissibility of the evidence.
Yes.
Blood evidence presents different scientific and procedural questions.
Potential issues can include:
Legal authority for the blood draw
Search-warrant issues
Consent
Chain of custody
Collection procedures
Storage
Labeling
Transportation
Laboratory procedures
Contamination
Analytical errors
Documentation
Timing between driving and blood collection
A laboratory report containing a BAC number should be evaluated together with the underlying evidence showing how the sample was obtained, handled and tested.
Video can provide an objective record of portions of a High BAC OWI investigation.
Depending on the case, footage may show:
Driving behavior
The traffic stop
Conversations with police
Physical appearance
Speech
Balance and coordination
Field sobriety testing
Officer instructions
Statements
Testing procedures
Environmental conditions
Events not described in the police report
Sometimes video supports the prosecution’s allegations.
Sometimes it provides additional context.
Sometimes it conflicts with important portions of the written police report.
That is why reviewing the actual footage can be more informative than relying solely on an officer’s written description.
Field sobriety-test evidence should be evaluated in context.
Relevant considerations can include:
Officer instructions
Officer demonstrations
Test administration
Road surface
Weather
Lighting
Footwear
Age
Medical conditions
Physical limitations
Nervousness
Fatigue
Actual performance visible on video
The defense can compare the police report with body-camera and dash-camera recordings when those recordings exist.
The first day can 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 immediate steps is to read and follow every written bond and release condition.
A bond violation can create an additional problem while the underlying High BAC case remains pending.
The early stages of a Wayne County High BAC case can involve:
Arraignment
Attorney appearance
Obtaining police reports
Requesting body-camera and dash-camera footage
Preserving relevant evidence
Reviewing chemical-test records
Identifying witnesses
Addressing driver’s-license concerns
Reviewing bond conditions
Preparing for pretrial proceedings
Evidence should be identified as early as reasonably possible because some information can become more difficult to obtain with time.
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
Scientific or expert review
Evidentiary motions
Constitutional issues
Negotiations
Trial preparation
The goal should not simply be to finish the case as quickly as possible.
The evidence should first be understood so that decisions can be based on the actual strengths, weaknesses and potential consequences of the case.
Sometimes. There is no automatic reduction.
Whether a prosecutor will agree to reduce a High BAC charge can depend on:
Evidence
Chemical-testing issues
Criminal history
Driving history
Circumstances of the arrest
Prosecutor
Court
Constitutional issues
Field sobriety evidence
Video evidence
Mitigating circumstances
Steps taken while the case is pending
Possible negotiated outcomes depend on the individual case.
No attorney can responsibly guarantee that a High BAC charge will be reduced.
Potentially.
Dismissal depends on the facts, evidence and law.
Potential issues can include:
An unlawful traffic stop
Lack of probable cause
Suppression of evidence
Unreliable chemical testing
Evidentiary problems
Witness problems
Constitutional violations
Failure to establish an essential element
The fact that someone was arrested does not establish that every element of the charge can ultimately be proven.
See Fraiberg & Pernie’s Michigan criminal defense and DUI case results for examples of prior matters.
Past results do not guarantee or predict a similar outcome.
The court generally depends on where the alleged offense occurred—not where the driver lives.
Wayne County High BAC and OWI cases can be handled in district courts throughout the county.
These 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
Fraiberg & Pernie has additional court-specific information for:
Livonia DUI and OWI cases in the 16th District Court
Westland DUI and OWI cases in the 18th District Court
For a broader county overview, read the Wayne County DUI and OWI Lawyer Guide.
Local procedures, scheduling, bond practices and administrative requirements can differ among courts.
Experience in a particular court does not guarantee a particular result.
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, Romulus, Taylor, Garden City, Wayne, Inkster, Allen Park, Lincoln Park, Southgate, Wyandotte, Harper Woods, Hamtramck, Highland Park, Woodhaven and surrounding Wayne County communities.
The court handling a case generally depends on the municipality and jurisdiction where the alleged offense occurred.
A bond violation can create an additional problem while the underlying High BAC case remains pending.
Depending on the circumstances, the court 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, follow that condition unless and until the court changes it.
A wedding, concert, sporting event, vacation or business function does not automatically override a bond condition.
A positive or missed alcohol test may be reported to the court and can potentially be treated as a bond violation.
Consequences depend on the circumstances and court.
Do not ignore a testing problem.
If a legitimate issue occurred involving the testing procedure, equipment, medication, scheduling or another circumstance, preserve supporting documentation and discuss it with your attorney promptly.
Possibly.
The event itself usually 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 requirements must also be followed unless modified by the court.
Possibly.
Whether disclosure is required can depend on:
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 consider these potential consequences when developing a defense strategy.
Potentially.
For professionals, the criminal charge may be only one part of the problem.
Additional concerns 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 potential criminal penalties.
For some clients, protecting employment or a professional license can be one of the most important concerns arising from the case.
A Michigan OWI can create Canadian admissibility issues.
Canadian immigration law is separate from Michigan criminal law, and the consequences can depend on the conviction, date, criminal history and applicable Canadian immigration rules.
Anyone with important Canadian travel plans should obtain advice addressing current Canadian immigration requirements rather than assuming entry will or will not be permitted.
Statements to police, witnesses, coworkers, friends or others may potentially become evidence.
Photos, comments, location information and other posts can create unnecessary issues.
Missing a required court appearance can result in additional consequences, including a warrant.
A bond violation can create another problem while the original case remains pending.
Criminal proceedings and driver’s-license consequences are related but are not always the same process. Pay attention to notices and deadlines.
Video, witness information, records and other evidence should be identified and preserved as early as reasonably possible.
If you are searching for a High BAC OWI lawyer in Wayne County, compare attorneys using objective factors related to the particular charge rather than relying only on advertising claims.
Questions worth asking include:
Does the attorney regularly defend Michigan OWI cases?
Does the lawyer understand Michigan High BAC law?
Has the attorney handled cases in the Wayne County court where your case is pending?
Will body-camera and dash-camera footage be reviewed?
Will field sobriety testing be evaluated?
Will the attorney review DataMaster breath-testing evidence?
Does the lawyer evaluate blood-testing and laboratory evidence when applicable?
Will the legality of the traffic stop and arrest be reviewed?
Does the attorney understand Michigan driver’s-license consequences?
Does the attorney handle Implied Consent issues?
Is the lawyer prepared to file motions when supported by the evidence and law?
Is the attorney prepared for trial when necessary?
Will professional-licensing and employment consequences be considered?
Can the attorney’s claimed professional background be independently verified?
Does the attorney provide realistic advice instead of guaranteeing a reduction or dismissal?
No attorney is automatically the best lawyer for every High BAC case.
The relevant question is whether the attorney’s experience, background and approach fit the evidence, court and consequences involved in your case.
Matthew Fraiberg is Managing Partner of Fraiberg & Pernie and a Michigan criminal defense and DUI/OWI attorney.
He has practiced Michigan law since 1997.
His professional background includes:
Former City Prosecutor
Former Judicial Clerk
Former Assistant Legal Research Clerk
Michigan criminal defense and OWI attorney
His practice includes:
Driver’s-license matters
Other misdemeanor and felony matters
His prosecution and judicial background provides additional perspective when evaluating how criminal allegations are charged, supported by evidence, negotiated and litigated.
Eric L. Pernie is a Michigan criminal defense attorney and partner at Fraiberg & Pernie.
Before becoming an attorney, Eric served as a Bloomfield Township police officer for more than 10 years.
His law-enforcement background provides additional perspective when evaluating:
Traffic stops
DUI investigations
Officer observations
Field sobriety testing
Police reports
Arrest procedures
Searches
Evidence collection
Body-camera recordings
Police procedures
Together, Matthew Fraiberg and Eric Pernie bring perspectives from criminal defense, prosecution, the courts and law enforcement to the evaluation of Michigan OWI cases.
Choosing an attorney after a High BAC arrest is an individual decision.
Fraiberg & Pernie’s High BAC defense approach includes:
More than 29 years of Michigan legal experience for Matthew Fraiberg
Former prosecutorial experience
Former judicial experience
Former law-enforcement experience
Michigan DUI and OWI defense
Breath and blood evidence review
Body-camera and dash-camera analysis
Field sobriety-test review
Constitutional analysis
Driver’s-license issues
Negotiation
Motion practice when appropriate
Trial preparation
Consideration of employment and professional-licensing consequences
A High BAC case should not be evaluated solely by asking:
“What was the BAC?”
The more complete questions are:
What happened? What evidence exists? Was the evidence lawfully obtained? Is the scientific evidence reliable? What does the video show? What can the prosecution actually prove?
Call Fraiberg & Pernie at (248) 986-2682 to discuss a Wayne County High BAC OWI charge.
Michigan’s High BAC provisions apply to an alcohol content of 0.17 or higher under the circumstances specified by Michigan law. “Super Drunk” is the commonly used informal name for High BAC OWI.
No. Both involve Michigan impaired-driving law, but a qualifying High BAC conviction carries enhanced potential consequences.
Generally, no. A qualifying first High BAC OWI is generally a misdemeanor. Prior convictions, serious injury, death or other circumstances can substantially change the charges.
No. A chemical-test result is evidence, not an automatic conviction. The prosecution still must establish the charge with admissible evidence.
Sometimes. Reductions depend on the facts, evidence, criminal and driving history, prosecutor, court, negotiations and other circumstances. No particular reduction can be guaranteed.
Potentially. Dismissal can occur when supported by significant constitutional, evidentiary, scientific or proof issues. Every case is different.
A High BAC conviction can involve ignition-interlock requirements associated with obtaining restricted driving privileges under Michigan law.
Potentially, depending on your current license status and applicable restrictions. Do not drive unless your license status and applicable legal authority permit you to do so.
Potentially. Reporting and disciplinary requirements vary among professions and licensing agencies.
Yes. An OWI-related incident can have significant consequences for commercial driving privileges.
Possibly, but you must comply with any travel restrictions contained in your bond.
Yes, it can create Canadian admissibility issues. Canadian immigration law is separate from Michigan criminal law.
Generally, the District Court serving the municipality where the alleged offense occurred handles a misdemeanor OWI case. For example, a Westland arrest ordinarily proceeds through the 18th District Court, while a Livonia arrest ordinarily proceeds through the 16th District Court.
You can contact an attorney after an arrest or when you learn that you are under investigation. Early involvement can allow evidence, bond conditions, driver’s-license concerns and chemical-testing records to be evaluated sooner.
Look for an attorney who regularly handles Michigan OWI cases, understands High BAC law, evaluates breath or blood evidence, reviews body-camera and dash-camera footage, understands driver’s-license consequences and has experience in the Wayne County court handling the case.
Fraiberg & Pernie’s attorneys include Matthew Fraiberg, a former City Prosecutor and former Judicial Clerk who has practiced Michigan law since 1997, and Eric L. Pernie, a Michigan criminal defense attorney and former police officer with more than 10 years of law-enforcement experience.
Fraiberg & Pernie’s attorneys include Matthew Fraiberg and Eric L. Pernie.
Matthew Fraiberg is a former City Prosecutor and former Judicial Clerk who has practiced Michigan law since 1997.
Eric L. Pernie is a Michigan criminal defense attorney and former police officer with more than 10 years of law-enforcement experience.
Together, they bring prosecution, judicial, law-enforcement and criminal-defense perspectives to the evaluation of OWI evidence.
Call (248) 986-2682 to request a confidential consultation regarding a High BAC OWI charge in Wayne County, Michigan.
Managing Partner | Michigan Criminal Defense & DUI/OWI Attorney | Former City Prosecutor | Former Judicial Clerk
Matthew Fraiberg has practiced Michigan law since 1997.
Read Matthew Fraiberg’s attorney profile.
Partner | Michigan Criminal Defense Attorney | Former Police Officer
Eric L. Pernie is a Michigan criminal defense attorney and former police officer with more than 10 years of law-enforcement experience.
His law-enforcement background provides additional perspective when evaluating traffic stops, DUI investigations, field sobriety testing, police reports, officer observations, arrest procedures and video evidence.
Read Eric Pernie’s attorney profile.
Written by: Matthew A. Fraiberg
Legally reviewed by: Eric L. Pernie
Law firm: Fraiberg & Pernie
Jurisdiction: Wayne County, Michigan
Practice area: High BAC OWI / DUI Defense
Last attorney review: October 2026
Phone: (248) 986-2682
If you were arrested or charged with High BAC OWI, 0.17 DUI or a “Super Drunk” offense in Wayne County, the BAC number should not be evaluated in isolation.
Important questions include:
Why were you stopped?
Was there probable cause for the arrest?
What does the body-camera or dash-camera footage show?
How were field sobriety tests administered?
How was the breath or blood sample obtained?
Were proper testing procedures followed?
Is the scientific evidence reliable and admissible?
What driver’s-license consequences apply?
Which Wayne County court is handling the case?
What defenses, motions or negotiation opportunities are supported by the evidence and Michigan law?
Fraiberg & Pernie represents people charged with High BAC OWI throughout Detroit, Livonia, Westland, Dearborn, Dearborn Heights, Redford, Plymouth, Canton, Romulus, Taylor, Garden City, Wayne, Inkster, Allen Park, Lincoln Park, Southgate, Wyandotte and surrounding Wayne County communities.
Call Fraiberg & Pernie at (248) 986-2682 for a confidential consultation regarding a Wayne County High BAC OWI charge.
Fraiberg & Pernie
Michigan DUI, OWI & Criminal Defense Attorneys
Birmingham, Michigan
(248) 986-2682
This page provides general legal information, not legal advice. Every case is different. Past results, professional experience, ratings, reviews, memberships or recognition do not guarantee or predict a particular outcome.
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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.