Charged after a crash? These are felony cases, and the first days matter
I am Mitchell Bisson, a Grand Rapids OWI lawyer. I have litigated for over 15 years. This page covers OWI causing death or serious injury in Michigan: what the statute requires, the felony penalty ranges, leaving the scene and how a crash case moves. I treat these cases as trial cases from the first call. I look first at causation and the testing. I do not promise outcomes.
The short answer. OWI causing death is a felony with a maximum of 15 years in prison, or 20 years in two listed situations. OWI causing a serious impairment of a body function is a felony with a maximum of 5 years, or 10 years at an alcohol content of 0.17 or more with a prior conviction within 7 years. Leaving the scene of a crash that seriously injures or kills someone is a separate felony. The state has to prove the driving caused the harm. Nothing here predicts how your case will end.
What the statute covers
A person who operates a vehicle in violation of subsection (1), (3) or (8) of MCL 257.625 and, by that operation, causes the death of another person is guilty of a felony. The same is true when the operation causes a serious impairment of a body function of another person. MCL 257.625(4), (5)
“Serious impairment of a body function” is defined in the vehicle code. It includes, among other things, “loss or substantial impairment of a bodily function”, “a skull fracture or other serious bone fracture”, “serious visible disfigurement” and “measurable brain or mental impairment”. The list is not limited to those examples. MCL 257.58c
For OWI causing death, the Michigan Supreme Court has said the prosecution must show, beyond a reasonable doubt, that you operated in violation of subsection (1), (3) or (8), that you “voluntarily decided to drive, knowing that he or she had consumed an intoxicating agent and might be intoxicated”, and that your operation of the vehicle caused the death. People v. Schaefer, 473 Mich. 418, 434 (2005). Cause is one of the elements the state must prove. The second element was modified for a charge based on subsection (8), the provision that covers a schedule 1 controlled substance in the body: in that kind of case the prosecution does not have to prove the driver knew he or she might be intoxicated. People v. Derror, 475 Mich. 316, 334 (2006). The Michigan Supreme Court later overruled Derror to the extent it was inconsistent in People v. Feezel, 486 Mich. 184 (2010), holding that 11-carboxy-THC is not a schedule 1 controlled substance, so a driver cannot be prosecuted under subsection (8) for that substance alone.
Separately, a driver who fails to stop after an accident that results in a serious impairment of a body function or death commits a felony of its own. The driver must “immediately stop his or her vehicle at the scene of the accident”. MCL 257.617
Penalties in a Michigan OWI crash case
These are statutory maximums. The judgment of sentence can also include vehicle immobilization or forfeiture, and license consequences follow separately.
| Charge | Level | Maximum | Statute |
|---|---|---|---|
| OWI causing death | Felony | Up to 15 years in prison, or a fine of $2,500 to $10,000, or both | MCL 257.625(4)(a) |
| OWI causing death at 0.17 or more with a prior conviction within 7 years | Felony | Up to 20 years in prison, or a fine of $2,500 to $10,000, or both | MCL 257.625(4)(b) |
| OWI causing the death of a police officer, firefighter or other emergency response personnel while operating in a manner proscribed under MCL 257.653a | Felony | Up to 20 years in prison, or a fine of $2,500 to $10,000, or both | MCL 257.625(4)(c) |
| OWI causing serious impairment of a body function | Felony | Up to 5 years in prison, or a fine of $1,000 to $5,000, or both | MCL 257.625(5)(a) |
| OWI causing serious impairment at 0.17 or more with a prior conviction within 7 years | Felony | Up to 10 years in prison, or a fine of $1,000 to $5,000, or both | MCL 257.625(5)(b) |
| Leaving the scene of an accident with serious impairment or death | Felony | Up to 5 years in prison or a fine of up to $5,000, or both | MCL 257.617(2) |
| Leaving the scene after an accident you caused that results in a death | Felony | Up to 15 years in prison or a fine of up to $10,000, or both | MCL 257.617(3) |
How an OWI crash case moves
- The investigation. Police gather the crash scene, witness statements, vehicle data and any blood or breath result.
- Charging. The prosecutor decides what to charge. The charge can change as medical and lab information comes in.
- Arraignment and bond. A felony starts in district court. The court sets conditions, which can be strict in a serious case.
- Preliminary exam and pretrial. The state has to show enough to send the case to circuit court. I use that stage and discovery to test causation and the testing.
- Resolution. The case can end in dismissal, a plea to the charge or a lesser one, or a trial.
What I do in an OWI crash case
I look first at causation, because the statute requires that the operation of the vehicle caused the harm. That means the crash reconstruction, the other driver or pedestrian, road and weather conditions, and the medical records that show what the injury actually is. When the injury is claimed to be a serious impairment of a body function, I compare the records to the statutory definition.
I look at the testing next: when the sample was taken compared with when you drove, who drew it, how it was handled and whether it was a hospital draw or a police draw. I also look at how the stop, the arrest and any search were conducted.
And I talk with you about the consequences, including the civil side of a serious crash, before you decide how to proceed. Fees depend on the charge, its complexity and whether the case is likely to go to trial. I explain my fee arrangement at the consultation, before you decide whether to hire me.
Questions I hear from people charged after an OWI crash in Kent County
What counts as a serious impairment of a body function in a Michigan OWI crash case?
MCL 257.58c says the term includes, but is not limited to, loss of a limb, foot, hand, finger, thumb, eye, or ear or its use, loss or substantial impairment of a bodily function, serious visible disfigurement, a coma lasting more than 3 days, measurable brain or mental impairment, a skull fracture or other serious bone fracture, a subdural hematoma, and loss of an organ. OWI causing it is a felony with a 5-year maximum, or 10 years with an alcohol content of 0.17 or more and a prior conviction within 7 years (MCL 257.625(5)).
What is the penalty for OWI causing death in Michigan?
Under MCL 257.625(4), OWI causing death is a felony punishable by up to 15 years in prison, or a fine of $2,500 to $10,000, or both. The maximum is 20 years if the driver had 0.17 or more and a prior conviction within 7 years, or if the driver was operating in a manner proscribed under MCL 257.653a and killed a police officer, firefighter, or emergency responder. The license is revoked.
Can police use blood drawn at the hospital after my crash in an OWI case?
Yes, in some cases. If a driver is taken to a medical facility after a crash and blood is drawn for medical treatment, MCL 257.625a(6)(e) makes the lab analysis admissible in a civil or criminal case to show alcohol or drug content, whether or not the person was offered or refused a chemical test. The medical facility must give the result to a prosecutor who requests it.
How does the prosecutor connect my test result to the time I was driving in Michigan?
MCL 257.625a(6)(a) makes the result of a blood, breath, or urine analysis admissible and presumes it matches the alcohol level at the time you drove. On a written request, the prosecution must provide the results at least 2 days before trial, and failure to comply bars admission of the results by the prosecution.
My chemical test was taken well after I stopped driving. Can a 0.17 result still be used against me in Michigan?
Usually yes. The statute sets no deadline for a chemical test: MCL 257.625a(6)(a) makes the result admissible and presumes it matches your level when you drove. In People v Wager, a blood test given 128 to 140 minutes after the crash came in, and the Supreme Court held that delay goes to weight, not admissibility, and that the prosecutor need not call an opinion witness to connect the number to the time of driving. Delay is an argument to the jury, not a ground to exclude.
I agreed to the blood draw after the officer read the implied consent warnings. Can I still challenge it as involuntary in Michigan?
Possibly, but it is hard. A blood draw is a search, so without a warrant the prosecutor must prove your consent was freely and voluntarily given, and mere acquiescence to authority does not do it. But in People v Stricklin, the Court of Appeals held that consent given after the standard warning was not involuntary solely because the driver feared losing his license. Police cannot draw blood as a search incident to arrest after Birchfield, so these cases turn on consent, a warrant, or exigency.
Related Michigan pages
- Grand Rapids OWI lawyer
- Third offense felony OWI
- OWVI and drugged driving
- High BAC OWI
- Felony defense
- Criminal appeals
I defend OWI charges that follow a crash causing injury or death. Contact me 24/7 by phone or email. Your Rights, My Fight! Call for a free initial consultation.
Big-Firm Power. Street-Level Grit.
Law Offices of Mitchell S. Bisson, 2828 Kraft Ave SE, Suite 295, Grand Rapids, MI 49512, serving Kent County and West Michigan.
This page provides general information about Michigan law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Consult a licensed attorney about your specific situation.