DUI Causing Serious Injury with High BAC Increases Max Penalty to Ten Years in Prison

Michigan law recently changed regarding the penalty imposed for a DUI with a high BAC (Blood Alcohol Content) where serious injury has occurred.  This change enhances the causing serious injury DUI charge such that it is almost on par with a DUI causing death case.

Now, if you operate a car in Michigan while intoxicated and cause serious injury to another person, you may be sent to prison for up to ten years. The typical penalty for a first offense DUI causing serious injury is five years in prison. A BAC of .17 or above raises this maximum penalty to 10 years where there is a prior conviction in the past 7 years. See Michigan Compiled Laws Sec. 257.625(5)(b).

If a violation of Michigan’s law against intoxicated driving law results in the death of another person, the driver may be found guilty of a felony punishable by a maximum term of imprisonment of 15 years and/or a fine of at least $2,500 but not more than $10,000. A high BAC where a death occurs increases, combined with a prior offense in the prior 7 years, raises the maximum term of imprisonment from 15 years to 20 years.  See Michigan Compiled Laws Sec. 257.625(4)(b).

According to Michigan law, a serious injury is defined as: “Serious impairment of a body function” which includes, but is not limited to, 1 or more of the following:

1. Loss of a limb or loss of use of a limb.
2. Loss of a foot, hand, finger, or thumb or loss of use of a foot, hand, finger, or thumb.
3. Loss of an eye or ear or loss of use of an eye or ear.
4. Loss or substantial impairment of a bodily function.
5. Serious visible disfigurement.
6. A comatose state that lasts for more than three days
7. Measurable brain or mental impairment.
8. A skull fracture or other serious bone fracture.
9. Subdural hemorrhage or subdural hematoma.
10. Loss of an organ.

These terms and phrases are very broadly defined, and often what seems like a minor injury can be found by the court to meet the requirements of the law.

With a high BAC DUI causing serious injury it is essential to review and possibly contest the reliability of the chemical test.  Whether blood or alcohol, all chemical tests are prone to false or inflated results, and knocking out the chemical test will cause the charge to be dismissed or significantly reduced. For this reason and many others, DUI cases involving either serious injury or death are highly complex criminal cases that require a lawyer who has the necessary experience and knowledge to understand both the science involved as well as the laws involved. Scientific knowledge is particularly important because, in addition to a chemical test, such as breath or blood, these cases often involve a second serum blood test. Also, there are accident reconstruction reports and medical records. If you’ve been charged with an offense like this, be sure to choose a lawyer that has the requisite scientific knowledge.

When interviewing a lawyer for your case, ask the lawyer-candidate if they studied biology, chemistry, or physics in the academic studies (most lawyers didn’t) or if they’ve gained such knowledge through self-directed study. Also, ask your lawyer candidate to explain relevant scientific concepts and listen for whether they can explain the science in plain language you can easily understand. These are important skills for lawyers handling these complex cases. Call now to learn more about the maximum penalties that may result from a deadly DUI.