What to Know About Crashes Caused by Impaired Driving in Michigan

Impaired driving crashes can cause serious injuries and fatalities on Michigan roads. When a driver under the influence of alcohol or drugs causes a crash that injures or kills someone in Macomb, Wayne, or Oakland County, Michigan law provides both criminal consequences for the driver and potential legal options for the people they harmed.

What Michigan’s OWI Law Covers

Michigan’s operating while intoxicated statute is codified at MCL 257.625. The statute prohibits operating a vehicle while under the influence of alcoholic liquor, a controlled substance, or another intoxicating substance, or with a blood alcohol content of 0.08 grams or more per 100 milliliters of blood. A separate provision addresses operating while visibly impaired under MCL 257.625(3), which applies when a person’s ability to operate a vehicle is visibly affected by substance use.

Michigan also has an enhanced High BAC offense under MCL 257.625(1)(c) for drivers with a blood alcohol content of 0.17 grams or more — a threshold that carries increased criminal penalties.

Criminal Consequences When OWI Causes Injury or Death

When an OWI violation causes injury to another person, the criminal penalties increase significantly. Under MCL 257.625(5), causing a serious impairment of a body function while operating in violation of the OWI statute is a felony punishable by up to five years in prison and a fine of between $1,000 and $5,000. Under MCL 257.625(4), causing the death of another person while operating in violation of the statute is a felony punishable by up to 15 years in prison and a fine of between $2,500 and $10,000.

These criminal consequences are the state’s response to the driver’s conduct. They are separate from any civil claim the injured person or their family may pursue.

What Injured People and Families May Want to Know

A criminal charge or conviction against an impaired driver does not automatically resolve civil liability or provide compensation to the injured person or surviving family. Civil and criminal proceedings operate on separate timelines and under different legal standards.

Michigan’s no-fault system may provide eligible injured people with PIP benefits for allowable medical expenses and wage loss under MCL 500.3107, subject to applicable coverage and eligibility rules. PIP benefits are distinct from a tort claim for pain and suffering or other noneconomic losses.

When injuries meet Michigan’s serious impairment threshold under MCL 500.3135, an injured person may also have grounds to pursue a civil claim against the at-fault driver for noneconomic damages. When an impaired driver’s wrongful conduct causes a death, a wrongful death action may be available under MCL 600.2922. Michigan law generally requires the action to be brought by the deceased person’s personal representative.

Evidence gathered during a criminal investigation — including toxicology results, police reports, and field sobriety test records — may also be relevant to a civil claim. An attorney can evaluate how the criminal proceedings and available evidence may affect the civil options available to injured parties or surviving families.

Because civil and criminal cases proceed on different timelines, injured people and families do not need to wait for the criminal case to conclude before consulting with an attorney about their options.

If you were injured in a crash involving an impaired driver in Macomb, Wayne, or Oakland County, our team may be able to help. To speak with a Michigan personal injury attorney, contact us today.

Sources:

• MCL 257.625
• MCL 500.3107
• MCL 500.3135
• MCL 600.2922