Michigan's High BAC law: what 0.17 or more means

What counts as High BAC

MCL 257.625(1)(c) makes it an OWI offense to drive with a bodily alcohol content of 0.17 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine. It is sometimes called the super drunk law. The ordinary OWI limit is 0.08.

Court penalties for a first offense

For a first High BAC conviction, MCL 257.625(9)(a) allows one or more of:

• up to 180 days in jail (compared with 93 days for an ordinary OWI);
• a fine of $200 to $700 (compared with $100 to $500); and
• up to 360 hours of community service.

The court may also order costs of prosecution and other conditions. Repeat offenses follow the general OWI rules: a fine of $200 to $1,000 with jail or community service for a second within 7 years, and a felony after 2 or more priors. See the penalties guide.

License consequences

The license sanction for a first High BAC conviction is more serious than for an ordinary first OWI. Under MCL 257.319(8)(g) and (h):

• the license is suspended for 1 year;
• no restricted license during the first 45 days; and
• after that, the Department of State may issue a restricted license, but you may drive only a vehicle equipped with an approved ignition interlock device, installed under MCL 257.625k and 257.625l.

For comparison, an ordinary first OWI conviction brings a 180-day suspension with no restricted license during the first 30 days. See the license sanctions guide.

The ignition interlock

An ignition interlock (Michigan law calls it a BAIID) is a breath alcohol device wired into the vehicle's ignition. Michigan's Department of State approves certified manufacturers and service centers, and the department provides a list of approved manufacturers to people approved for an interlock-restricted license. The law says the department rotates the order of the providers on each list it gives out.

Under MCL 257.319(8)(h), the device may be removed after the provider verifies to the department that the driver has operated the vehicle with no instances of reaching or exceeding 0.025. Interlock providers serving Plymouth that ask to be listed appear under interlock in the directory.

Alcohol treatment

Michigan judges can order alcohol or substance use assessment and treatment as part of a sentence, and the statute ties some repeat-offense options to specialty courts. Providers serving Plymouth that ask to be listed appear under counseling.

If the test result is disputed

Whether the result was really 0.17 or more, and whether the test was done properly, are questions for the court case. A lawyer can review the test records. Local OWI lawyers are in the directory.

First offense: High BAC compared with ordinary OWI

The figures come from MCL 257.625, 257.319(8), and 257.320a. They are the ranges in the statute, not a prediction of any sentence.

How a High BAC case can end

Like any criminal case, a High BAC charge can be dismissed, tried, or resolved by a plea. Some cases are resolved with a plea to a different charge. Whether that is possible depends on the facts, the prosecutor, and the court, and only a lawyer who knows your case can talk about it. This site cannot predict how any case will end.

If you refused the test

If you refused the chemical test, there is no test result to measure against 0.17, and a refusal has its own license consequences. The 14-day deadline to request a hearing applies. See the 14-day hearing guide.

Questions to write down

• What was the reported result, and was it from a breath or a blood test?
• Am I charged with High BAC, ordinary OWI, or both?
• If I am convicted, when would the 1-year suspension start, and when could I apply for a restricted license?
• What would an interlock cost me each month?

A note on these rules

These are the rules in the statute as of the date on this page. The legislature can change them, and the details of any one case matter. Confirm with the court, the Department of State, or a licensed attorney.