In addition to the harsh penalties that an individual can face for Operating While Intoxicated, they can face much more serious charges if there is damage to property or even another person.
According to the National Highway Traffic Safety Administration (NHTSA), in 2020, 11,654 people died in alcohol-impaired driving traffic deaths, a 14% increase from 2019. Additionally, NHTSA studies have found that even one drink can start to impair your driving skills. For these reasons, police and prosecutors are working very hard to crack down on drunk driving.
According to Michigan law, MCL 257.625, it is illegal to drive or operate a motor vehicle with a BAC of .08 (Called an “OWI”). Additionally, an individual can face harsher penalties if they are found to be operating a motor vehicle with a BAC of .17 or higher (Called a “High BAC”). In addition to alcohol, Michigan law also considers being under the influence of some drugs to qualify for a DUI/OWI charge such as Marijuana, GHB, and Cocaine. If an individual is operating under these circumstances and causes serious injury or death to another, or death to an emergency worker such as police, firemen, or paramedics, they can face very serious consequences.
In order to prove a more serious DUI/OWI charge, the prosecution must prove
- They were driving a motor vehicle
- The defendant voluntarily decided to drive
- They had a BAC of above .08 (or .17)
- They knew that they had consumed alcohol
- The damage listed in the charge actually happened (I.e., death, serious injury)
The penalties for more serious OWI charges can be found in the table below:
Type of Offense | Penalty | Michigan Law |
OWI causing serious injury | Felony, Jail sentence of up to 5 years, and fines of up to $5000 | |
High BAC causing serious injury | Felony, Jail sentence of up to 10 years, and fines of up to $5000 | |
OWI causing death | Felony, Jail sentence of up to 15 years, and fines of up to $10,000 | |
High BAC Causing death | Felony, Jail sentence of up to 20 years, and fines of up to $10,000 | |
OWI causing the death of emergency personal | Felony, Jail sentence of up to 20 years, and fines of up to $10,000
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If you or someone you know is dealing with a DUI/OWI causing injury or death, it is imperative that you seek legal representation from a lawyer familiar with this area of law. Police and prosecutors will be working swiftly to build a compelling case against you. Finding a resolution that can keep someone’s criminal record clean and keep you out of jail may be available.
If you would like to set up a consultation to discuss your case further, please feel free to contact us or call (586) 413-7777 at your earliest convenience.