A Michigan OWI with a blood alcohol content of 0.17 or more, often called “super drunk,” is a misdemeanor that can bring up to 180 days in jail and a fine of $200 to $700 for a first offense. The charge is in MCL 257.625(1)(c), and the penalties are in MCL 257.625(9)(a). The higher penalties make the test result the center of the defense.
Reviewed by Attorney Kevin Bessant, Law Office of Kevin Bessant & Associates. Last reviewed October 2026.
High BAC OWI at a glance
| Charge | OWI with a high blood alcohol content, MCL 257.625(1)(c) |
|---|---|
| Threshold | 0.17 grams of alcohol or more per 100 mL of blood, 210 L of breath, or 67 mL of urine |
| Level | Misdemeanor for a first offense |
| Jail | Up to 180 days |
| Fine | $200 to $700 |
| Community service | Up to 360 hours |
A judge may impose one or more of these penalties. Probation, costs, and license consequences are separate.
How is it different from a regular OWI?
A regular first-offense OWI carries up to 93 days in jail and a $100 to $500 fine. The high BAC version roughly doubles the maximum jail time and raises the fine range. See our page on first-offense OWI for the comparison.
Common defenses
- Test accuracy. The result must come from a properly maintained device or a properly handled sample. Equipment records, operator training, and procedure can all be reviewed.
- Timing. Alcohol levels change over time, so the gap between driving and the test can matter.
- The stop and the arrest. A stop without a lawful reason, or an arrest without probable cause, can lead to a motion to suppress evidence.
- Reduction. If the number cannot be defended, your attorney may work toward a lower charge.
Related pages: DUI and OWI defense and third-offense felony OWI.
Frequently asked questions
What BAC counts as high BAC in Michigan?
0.17 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
What is the maximum jail time for a first high BAC offense?
Up to 180 days under MCL 257.625(9)(a).
Is high BAC OWI a felony?
A first offense is a misdemeanor. Felony charges depend on prior convictions, as explained on our third-offense page.
Talk to a Detroit OWI defense attorney
Call Attorney Kevin Bessant at 313-658-8159 for a free consultation about a high BAC charge.
Legal Authority
See MCL 257.625 in the Michigan Vehicle Code, available in the Legislature’s text. This page is general information, not legal advice.