What to Know About Michigan’s OWI Laws After a Crash
When a crash in Macomb, Wayne, or Oakland County involves a driver who was impaired by alcohol or drugs, Michigan’s operating while intoxicated statute applies alongside the civil and insurance questions that arise in any serious collision. Understanding how Michigan’s OWI law works — and what it means for people injured by an impaired driver — can help crash victims and their families make informed decisions.
What Michigan’s OWI Law Prohibits
Under MCL 257.625(1), a person may not operate a vehicle on a highway or other place open to the public while intoxicated. Michigan law defines operating while intoxicated to include driving under the influence of alcohol, a controlled substance, or another intoxicating substance, as well as operating with a blood alcohol content of 0.08 or higher. The statute also addresses drivers with a BAC of 0.17 or higher and imposes additional consequences in certain circumstances.
Michigan law also separately addresses operating while visibly impaired under MCL 257.625(3), which applies when a person’s ability to operate a vehicle is visibly impaired due to consumption of alcohol, a controlled substance, or another intoxicating substance.
Criminal Penalties When an OWI Causes Injury or Death
Michigan’s OWI statute includes significantly enhanced penalties when impaired driving causes harm to another person. Under MCL 257.625(5), a person who operates a vehicle in violation of the OWI statute and by that operation causes serious impairment of a body function to another person is guilty of 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), when the impaired operation causes the death of another person, the offense is a felony punishable by up to 15 years in prison and a fine of between $2,500 and $10,000.
These are the criminal consequences. They are separate from any civil liability the impaired driver may face to the people they injured or killed.
What OWI Means for Crash Victims Pursuing Civil Claims
A criminal OWI charge or conviction does not automatically resolve civil liability, but it is often highly relevant to a civil claim. The criminal proceedings may produce toxicology results, police reports, and other evidence that can be useful in a civil case. An attorney can evaluate how the criminal case and its evidence may affect the civil options available to injured parties or surviving family members.
Michigan’s no-fault system may provide eligible crash victims with PIP benefits regardless of fault. When injuries meet the serious impairment threshold under MCL 500.3135, a civil claim for noneconomic damages against the at-fault driver may also be available. When an impaired driver’s conduct causes a death, surviving family members may have grounds to pursue a wrongful death claim under MCL 600.2922.
Because civil and criminal proceedings operate on separate timelines, injured parties do not need to wait for a criminal case to conclude before consulting with an attorney about their civil 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:
Note: Our law office relies on external sources for the content of this post. Although we aim for accuracy, we have not independently verified all facts related to this incident. Please notify Mihelich & Kavanaugh, PLC for corrections if you identify any inaccuracies. Posts will be removed upon request.
Disclaimer: The content of this post is intended for informational purposes only and does not constitute a solicitation for business. The information contained herein is not intended to offer legal or medical advice. If you or someone you care about has been injured in an accident, it is recommended to seek immediate medical assistance. The photo featured in this post was not taken at the actual scene of the accident.
