Criminal Law FAQs – Operating a Vehicle with a High BAC

Operating a Vehicle with a High BAC (Super Drunk) – MCL 257.625(1)(c)

FAQ 1: What BAC level qualifies as “High BAC” or “Super Drunk” in Michigan?

Answer: In Michigan, operating a vehicle with a blood alcohol content (BAC) of 0.17% or more is considered “High BAC” or “Super Drunk.” This carries more severe penalties than a standard OWI (Operating While Intoxicated).

FAQ 2: What are the enhanced penalties for a first-offense High BAC conviction in Michigan?

Answer: Penalties for a first-offense High BAC conviction can include up to 180 days in jail, a fine of $200 to $700, a mandatory ignition interlock device on the vehicle for one year, license suspension for one year (with a restricted license possible after 45 days with an interlock), and mandatory alcohol treatment.

FAQ 3: Can the prosecution use a preliminary breath test (PBT) as evidence in a Super Drunk case?

Answer: Generally, a PBT administered at the roadside is used to establish probable cause for an arrest but is not admissible as evidence in court to prove a specific BAC level. The prosecution will typically rely on an evidentiary breath test or blood test administered at a police station or hospital.

FAQ 4: What legal challenges can be raised against a High BAC charge?

Answer: Defenses can include challenging the legality of the initial traffic stop, the administration and accuracy of the evidentiary breath or blood test, any medical conditions that might affect the test results, and ensuring the proper chain of custody of blood samples.

FAQ 5: How can a defense attorney help with a High BAC charge?

Answer: An attorney can investigate the circumstances of the stop and testing, challenge the admissibility of evidence, negotiate with the prosecution for a potential reduction in charges, and present mitigating factors at sentencing to minimize penalties.

A super drunk charge is very serious in Michigan can have serious consequences affecting your driving privileges, job, finances, and even your freedom. It’s crucial to understand your rights and explore all available legal options.

Contacting an experienced criminal defense attorney as soon as possible is essential. At Komorn Law, our attorneys have a deep understanding of Michigan’s laws and can provide you with a strong defense to protect your rights and future. Call 248-357-2550

We fight for our clients throughout the State of Michigan and Northern Ohio.

Here are some court contacts we frequently handle cases.

Oakland County

If you are facing any legal charges in Oakland County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

• Telephone Number: (248) 858-0344
• Address: 1200 N Telegraph Rd, Department 404, Pontiac, MI 48341-0404
• Website: Oakland County 6th Judicial Circuit Court

Macomb County

If you are facing any legal charges in Macomb County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

• Telephone Number: (586) 469-5150
• Address: 40 N. Main Street, Mt. Clemens, MI 48043
• Website: Macomb County 16th Judicial Circuit Court

Wayne County

If you are facing any legal charges in Wayne County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the Third Circuit Court (Wayne County):

• Telephone Number (Civil/Family): (313) 224-5510
• Telephone Number (Criminal): (313) 224-5261 or (313) 224-2503
• Address (Civil/Family): 2 Woodward Avenue, Detroit, MI 48226
• Address (Criminal): 1441 St. Antoine, Detroit, MI 48226
• Website: https://www.3rdcc.org/

Kent County

If you are facing any legal charges in Kent County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

• Telephone Number: (616) 632-5220
• Address: 180 Ottawa Avenue NW, Grand Rapids, MI 49503
• Website: Kent County

Traverse County

If you are facing any legal charges in Traverse County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the 13th Circuit Court (which includes Traverse County):

• Telephone Number: (231) 922-4701
• Address: 328 Washington Street, Suite 300, Traverse City, MI 49684
• Website: Traverse City 13h Circuit Court

Monroe County

If you are facing any legal charges in Monroe County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

• Telephone Number: (734) 240-7020
• Address: 106 E First Street, Monroe, MI 48161
• Website: Monroe County 38th Circuit Court