DUI Causing Injury or Death in Michigan

Under MCL 257.625(5), operating a vehicle while intoxicated (OWI) and causing serious impairment of a body function to another person is a felony offense in Michigan. The law further specifies that a "serious impairment of a body function" includes, but is not limited to, injuries such as loss of a limb, loss of use of a limb, loss of an organ, serious visible disfigurement, or a skull fracture. Convictions under this statute can lead to severe penalties, including imprisonment, fines, and significant impacts on driving privileges.

Every crime is comprised of specific elements that the prosecution must prove beyond a reasonable doubt. For OWI causing serious injury, the following elements must be established:

• The defendant must have operated a motor vehicle, meaning driving or having actual physical control of the vehicle.

• The vehicle must have been operated on a highway, a place open to the public, or a location generally accessible to motor vehicles, including parking lots.

• The defendant must have been intoxicated by alcohol, controlled substances, or other intoxicating substances. To learn more about how prosecution can prove intoxication, please review the article about the OUIL and UBAL theories of OWI.

• The operation of the vehicle must have caused a serious impairment of a body function to the victim.

For OWI causing death, the prosecution must also prove:

• The operation of the vehicle caused the death of another person.

• Both factual and proximate causation must be established, meaning the defendant’s actions directly led to the injury or death.

Under MCL 257.625(5), operating a vehicle while intoxicated and causing a serious impairment of a body function is a felony with the following penalties:

• Standard Penalty: A maximum of 5 years in prison, a fine of $1,000 to $5,000, or both. Additionally, the judgment may include vehicle immobilization under MCL 257.904d or vehicle forfeiture under MCL 257.625n.
• Enhanced Penalty for High BAC: If the offender’s blood alcohol content (BAC) was 0.17 or higher, the penalties increase to a maximum of 10 years in prison, a fine of $1,000 to $5,000, or both. The same sanctions for vehicle immobilization or forfeiture apply.

In Michigan, an OWI Causing Death or Serious Injury conviction results in the immediate and mandatory revocation of your driver’s license. This means you will not be able to operate a vehicle legally in the United States. In addition to the revocation, your driving record will be permanently marked with this offense, making it difficult, if not impossible, to obtain affordable auto insurance in the future.

Depending on your prior record, you must wait a minimum of one year from the revocation date before you can appeal for a restricted license. However, in cases of OWI causing death, you may need to wait five years or more to be eligible for reinstatement. License reinstatement is not guaranteed, and the process is complex, requiring documentation of sobriety, evidence of rehabilitation, and testimony from individuals who can attest to your responsible behavior. The loss of driving privileges can significantly disrupt daily life, making it challenging to commute to work, run errands, or participate in social activities.

At the Barone Defense Firm, we recognize that sentencing mitigation and plea negotiations are critical components of defending against OWI causing death or serious injury charges. Our approach begins with a thorough investigation into not only the facts and circumstances of the accident but also the client’s personal history, character, and rehabilitative efforts. This comprehensive strategy aims to humanize the defendant and present the court with a compelling narrative that highlights mitigating factors.

A sentencing mitigation narrative often includes an in-depth exploration of the client’s life, such as personal and family history, employment and community contributions, rehabilitative efforts (e.g., substance abuse treatment or Alcoholics Anonymous), and character testimony from friends or family.

Plea negotiations leverage weaknesses in the prosecution’s case, such as disputes over causation, evidence reliability, or the nature of the injuries. When successful, these negotiations may result in reduced charges or alternative sentencing options, including probation, community service, or rehabilitation programs.

Under MCL 257.58c, a "serious impairment of a body function" includes but is not limited to the loss or substantial impairment of a bodily function, serious visible disfigurement, skull fracture or other serious bone fracture, subdural hemorrhage or hematoma, or measurable brain or mental impairment. To meet this threshold, the injury must result in observable, measurable impairment, such as significant functional limitations. The extent of impairment and the need for medical treatment are critical factors in this determination. See, e.g., Rivera v. Esurance Ins. Co, 2007 Mich. App. LEXIS 180 and Register V. Sledge, 2006 Mich. App. LEXIS 64.

Broken bones, like fractured ribs, may qualify under specific circumstances, but not every fracture automatically meets this standard. The requirement for objective manifestation means that the impairment must be observable or perceivable from actual symptoms or conditions. If broken ribs do not result in visible or measurable impairment, they may not qualify as a serious bone fracture under the statute. See, People v. Thomas, 263 Mich. App. 70 (2004).

1. Evidence: Blood test results, vehicle event data recorders, medical reports, and accident reconstructions are often used.
2. Law: The causation standard is complex, borrowing principles from tort law. Proving both factual and proximate causation requires careful legal analysis.
3. Politics: These cases often attract public and media scrutiny, making prosecutors less likely to negotiate plea deals.

The attorneys at Barone Defense Firm are leaders in defending OWI causing injury or death cases. Our team challenges complex blood and accident evidence, has decades of experience defending serious DUI cases, and provides personalized and aggressive defense strategies. If you are facing charges, contact us today for a free consultation. We will carefully review your case, explain your options, and fight to protect your rights. Call now—your freedom may depend on it.