In 2015, Michigan added the Driving with a High BAC offense, or “Super Drunk” Driving. Obviously, it was intended to discourage driving with a high BAC and punish those who do harshly. This offense is not always prosecuted by municipalities because if they do not carry this charge in their ordinance, they will not receive the money generated from the fines.
Therefore, it is prosecuted more often by the county prosecutors.
The maximum jail term for high BAC is two times a regular offense. 180 days in the maximum jail for super drunk. This does not mean jail is mandatory, but it is more likely.
The license sanction for this conviction is one year of a restricted license with the first 45 days hard suspension (no restriction). A breath alcohol device must also be used during the restricted license period.
Is .17 a high BAC and does it reflect a drinking problem?
The average BAC on a DUI case is approximately .12. .15 BAC is considered high by most courts and probation officers and a .17 is considered to be extremely high. It is believed that a person cannot even reach that level without having a high tolerance. There are even studies that prove this fact, but everyone is not the same.
However, the court, prosecutor and probation department will always believe that any person who blows that high is definitely an alcoholic.