A “super drunk” charge in Michigan is not the same animal as a standard OWI. The penalties are sharper, the license consequences are more disruptive, and the path to a favorable outcome is narrower. If you were arrested on I-94, on Washtenaw Avenue, or anywhere else in the Ann Arbor area with a BAC at or above 0.17, you are not dealing with a run-of-the-mill drunk driving case. You are dealing with something that requires a different level of attention from day one.
Dan Geherin, our criminal defense attorney, handles drunk driving defense cases across Washtenaw County. In our experience, people who come to us early tend to have more options than people who wait.
What Does “Super Drunk” Actually Mean Under Michigan Law?
Michigan law has a separate, elevated category of OWI for drivers whose blood alcohol content registers at 0.17 or higher. That threshold sits at more than double the standard legal limit of 0.08. The official name is Operating With a High BAC, though people commonly call it “super drunk” driving.
This charge applies specifically to first-time offenders. If you have a prior OWI conviction within the past seven years, the super drunk framework does not apply. Instead, you would face a second-offense OWI, which carries its own set of consequences. The super drunk law was designed to create a middle tier: something more serious than a standard first offense but distinct from the repeat-offender category.
The consequences of a super drunk conviction are significantly harsher than a standard OWI. A first-time standard OWI carries a maximum of 93 days in jail. A super drunk conviction can result in up to 180 days. Fines increase as well.
And then there is the license situation, which tends to be the most immediately painful part for most people. A super drunk conviction triggers a mandatory 45-day hard suspension, meaning no driving at all. After that, you may be permitted drive only in a vehicle equipped with an ignition interlock device, for a total driving ban/restriction period of one year. That interlock requirement does not apply to every standard first-offense OWI. The law also mandates alcohol treatment as part of the sentence.
What Are My Chances of Beating this Charge?
Honestly, it depends on the facts. A high BAC number does not automatically mean the evidence against you is airtight. The number on a breath or blood test is only as reliable as the process used to produce it, and that process has more vulnerabilities than most people realize.
After arresting you, Michigan police typically takes you to the station and uses a breath testing device on you to generate a BAC reading. These devices require regular calibration and proper maintenance. If the machine used in your case was not properly maintained, or if the officer administering the test was not correctly certified, those are real issues that a defense attorney can raise. Calibration records, maintenance logs, and operator certifications are all discoverable in litigation, and gaps in those records can create meaningful questions about the reliability of the result.
Blood testing raises its own set of concerns. Samples must be collected, stored, and analyzed according to specific procedures. When those procedures are not followed correctly, the integrity of the sample can be compromised. Chain of custody matters. How the sample was stored matters. Who analyzed it and whether they were properly qualified matters. These are not technicalities in the dismissive sense. They go directly to whether the number the prosecution is relying on is actually accurate.
To clarify that last point: challenging a BAC result does not mean claiming the test was wrong on its face. It means examining every step in the process that produced that result and identifying where the science or the procedure may have broken down.
There is also the question of whether the traffic stop itself was lawful. Law enforcement must have a reasonable, articulable suspicion that you’re committing a crime to pull you over. If the stop lacked reasonable suspicion, evidence gathered during that stop, including any BAC test results, may be subject to suppression.
Defense Strategies Worth Understanding
The primary goal in many super drunk cases is not always outright dismissal. Sometimes it is a charge reduction. Getting a super drunk OWI reduced to a standard OWI, or further down to impaired driving, can make an enormous practical difference. It can mean the difference between losing your license for 45 days with no driving at all versus maintaining restricted driving privileges throughout. It can mean no mandatory ignition interlock. It can mean significantly lower fines and a lighter probation structure.
Whether a reduction is available in a given case depends on several factors. The strength of the prosecution’s evidence matters. So does the specific prosecutor’s office and their policies. In some jurisdictions, prosecutors maintain firm positions on high-BAC cases and will not negotiate without a specific legal or scientific problem with the evidence. In those situations, identifying that vulnerability becomes the whole game.
What This Means If You Are Facing This Charge in Ann Arbor
The 15th District Court handles OWI cases as a routine part of its docket. Ann Arbor is a college town with a busy bar scene around Main Street and South University, and the court sees these cases consistently. That does not mean your case will be treated as routine by us. It means the system is experienced, and you need representation that is equally prepared.
We encourage anyone facing a super drunk charge in Washtenaw County to reach out before making any decisions about how to proceed. The earlier we can look at the evidence, the earlier we can identify what options actually exist in your specific situation. Every case is different, and the strength of a defense depends entirely on the facts at hand.