Causing Death and Serious Personal Injury
The toughest Michigan drinking and driving laws are reserved for persons who cause an injury or death. These offenses are felonies and carry possible prison terms.
Operate While Intoxicated (OWI) Impaired (OWVI), OWPD Causing Serious Injury
| License Sanctions | Indefinite revocation, minimum 1 year |
| Maximum Jail | 5 years |
| Maximum Fine | $1,000 to $5,000 |
| Vehicle Immobilization | Up to 180 days unless forfeited |
| License Plate Action | Confiscated |
| Driver Responsibility Fee | $1,000 per year for 2 consecutive years |
Operate While Intoxicated (OWI) Impaired (OWVI), OWPD Causing Death
| License Sanctions | Indefinite revocation, minimum 1 year |
| Maximum Jail | 15 years, 20 years if emergency responder death |
| Maximum Fine | $2,500 to $10,000 |
| Vehicle Immobilization | Up to 180 days unless forfeited |
| License Plate Action | Confiscated |
| Driver Responsibility Fee | $1,000 per year for 2 consecutive years |
Both Oakland and Macomb County have charged Murder in the Second Degree when an intoxicated driver causes a death.
The usual defenses to drunk driving cases apply, plus the prosecuting attorney is required to prove the additional element of causation when there is a death or serious injury.
In a recent case, we were able to avoid a felony charge when our client who was under the influence, was not at fault in an accident causing the death of a man driving an ATV. We advocated that the driver of the ATV crossed onto the highway and our client could not avoid the unfortunate accident. The case remained in the district court as an operating while intoxicated offense and our client was placed on probation.
When you or a family member faces any drunk driving offense, it is extremely important to contact our law firm located in Clinton Township immediately to begin preparation of an aggressive defense.
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