Getting caught with a very high BAC while driving in Michigan means facing much more than a standard DUI.
So, what are Michigan’s Super Drunk laws and penalties?
Michigan’s Super Drunk law applies to first-time offenders with a BAC of 0.17% or higher, resulting in up to 180 days in jail, $700 in fines, mandatory alcohol treatment, ignition interlock requirements, and extended license restrictions. These penalties are significantly more severe than a standard OWI.
With decades of experience defending DUI charges throughout Michigan, I know how devastating a Super Drunk conviction can be. This guide will help you understand what the law means, what to expect, and how to fight back.
What Is the Michigan Super Drunk Law?
The “Super Drunk” law, enacted in 2010 under MCL 257.625(1)(c), was created to target individuals with extremely high blood alcohol content—those believed to be at greater risk of causing serious harm.
To qualify as “Super Drunk,” your:
- Blood Alcohol Content (BAC) must be 0.17% or greater, and
- You must not have any prior DUI convictions in the last 7 years
If you meet both criteria, you face enhanced penalties even though it’s your first DUI offense.
Why Are The Drunk Laws and Penalties More Severe?
Lawmakers intended to distinguish between impaired drivers and significantly intoxicated drivers—those who:
- Have delayed reaction times
- Exhibit severe loss of motor function
- Pose a greater risk of causing accidents and fatalities
Studies cited by the National Highway Traffic Safety Administration (NHTSA) show that the risk of a fatal crash is 11 times higher for drivers with BACs of 0.15% or above.
Key insight: The Super Drunk law is based on public safety data, not just arbitrary thresholds.
Michigan Super Drunk Penalties at a Glance
| Penalty Type | Super Drunk DUI (BAC ≥ 0.17%) | Standard OWI (BAC ≥ 0.08%) |
|---|---|---|
| Jail Time | Up to 180 days | Up to 93 days |
| Fines | Up to $700 | $100–$500 |
| License Suspension | 45 days hard suspension | 30 days hard suspension |
| Restricted License | 320 days, interlock required | 150 days, interlock optional |
| Ignition Interlock Device | Mandatory (1 year) | Optional |
| Points on License | 6 points | 6 points |
| Substance Abuse Program | Mandatory | Often required |
| Community Service | Up to 360 hours | Up to 360 hours |
How Long Will My License Be Affected?
Your license will be impacted in two phases:
- 45-Day Full Suspension: No driving under any circumstances
- 320-Day Restricted License: You may drive for essential purposes (work, school, treatment) only with an ignition interlock device installed
Violating restricted terms or tampering with the interlock device can lead to license revocation and jail time.
What Is an Ignition Interlock Device (IID)?
An ignition interlock device is a small breathalyzer installed in your car. You must blow into it to start the engine. If alcohol is detected, the vehicle won’t start.
Additional Facts:
- Required for the entire 320-day restricted period
- Must be installed by a state-approved vendor
- Monthly reporting is required, and any violations may be shared with the court
Cost Breakdown:
| Cost Element | Typical Cost |
|---|---|
| Installation Fee | $75–$150 |
| Monthly Service Fee | $60–$90 |
| Removal Fee | $50–$100 |
The Hidden Costs of a Super Drunk Conviction
The long-term financial burden goes far beyond fines. Here’s what you can expect:
- Skyrocketing insurance premiums (up to $2,000/year increase)
- Court-ordered alcohol treatment ($500–$2,000)
- Ignition interlock and monitoring costs
- Lost wages from court dates, jail time, or license restrictions
Estimated Total Cost: $7,000–$12,000+
Can a Super Drunk Charge Be Reduced?
Yes—but it’s not easy. With the help of a DUI defense attorney, you may be able to:
- Challenge the validity of your BAC results
- Suppress illegally obtained evidence
- Negotiate a plea bargain to reduce your charge to:
- Standard OWI
- Operating While Visibly Impaired (OWVI) — carries fewer penalties
- Reckless Driving (in rare cases)
An experienced defense attorney will know how to exploit weaknesses in the prosecution’s case and fight for a better outcome.
Will a Super Drunk Conviction Stay on My Record Forever?
Yes—unless it’s expunged. In Michigan, some first-time OWI convictions (including Super Drunk charges) are now eligible for expungement after:
- 5 years have passed since completion of sentence, probation, or fines
- You have no additional DUI or felony charges
- You complete all court-ordered programs and restitution
Expungement removes the conviction from public criminal records, but not your driving record with the Secretary of State.
What Should You Do If Charged Under the Super Drunk Law?
Immediate Steps:
- Do not admit guilt to police or prosecutors
- Request a copy of your BAC test results
- Write down everything about the arrest, including:
- Officer conduct
- Testing procedures
- Whether you were read your rights
- Hire an experienced DUI attorney immediately
Time is critical. Early legal intervention can influence:
- Whether your license is suspended
- Your eligibility for reduced charges
- The strength of your defense strategy
What Happens if You Refuse a Breathalyzer in a Super Drunk Case?
Refusing a breathalyzer in a Super Drunk case triggers a one-year license suspension under Michigan’s Implied Consent Law, regardless of guilt. You’ll also be ineligible for a restricted license during this period.
Refusing the test won’t prevent a Super Drunk charge if police obtain a warrant for a blood draw. Always consult a DUI attorney before making critical decisions during an arrest.
Is a Super Drunk Charge Worse Than a Regular DUI?
Yes, a Super Drunk charge is more severe than a regular DUI in Michigan due to longer jail time, higher fines, mandatory alcohol treatment, and ignition interlock requirements.
A BAC of 0.17% or higher triggers these enhanced penalties, even if it’s your first offense.
Can a Super Drunk DUI Be Expunged in Michigan?
Yes, a first-time Super Drunk DUI can be expunged in Michigan after 5 years, if all sentencing, fines, and probation terms are complete and no new offenses exist.
This law changed in 2021, but expungement eligibility is limited to one OWI-related offense.
What Is the Legal Limit for DUI vs Super Drunk in Michigan?
The legal limit for a DUI in Michigan is 0.08% BAC, while the Super Drunk threshold begins at 0.17% BAC.
Drivers at or above 0.08% face standard OWI charges; those at or above 0.17% face enhanced penalties under Michigan’s Super Drunk law.
Can You Get a Super Drunk DUI on Prescription Medication?
No, Michigan’s Super Drunk drunk laws and penalties apply only to alcohol-related offenses with a BAC of 0.17% or higher.
However, you can still be charged with OWI if impaired by drugs, including prescription medications.
Drug-related OWIs are handled under separate provisions and may involve different penalties, but they can be just as serious.
Call D.G. Moore Law for Aggressive Super Drunk Defense
A Super Drunk conviction in Michigan can ruin your driving record, career, and finances. Don’t face it alone. At D.G. Moore Law, we’ve helped hundreds of clients reduce or dismiss high-BAC DUI charges.
Call 269-808-8007 now for a free consultation
We’ll fight for your license, your freedom, and your future.
Further Reading:
- What Is an OWI Charge in Michigan?
- What is the Difference Between 1st, 2nd, and 3rd Degree DUI in Michigan?
- What is Aggravated DUI in Michigan?
- What is the Difference Between DUI and OWI in Michigan?
Resources:
- Michigan Vehicle Code – MCL 257.625
- Michigan Secretary of State – DUI Penalties Overview
- Michigan Ignition Interlock Providers List
- CDC – BAC and Impairment Data
