Understanding OWI Causing Injury Charges in Michigan
An accident can change a person’s life in an instant. If a driver under the influence causes an accident and seriously injures another person, a Michigan prosecutor can charge you with a felony. An OWI causing injury case can destroy your freedom, license, finances, and future. Therefore, understanding the law matters if you face these allegations. Through OWI defense legal services, individuals can explore their options and learn how a criminal defense attorney may help protect their rights during this difficult time.
Key Takeaways
- Michigan views driving under the influence of alcohol or drugs causing serious bodily harm as a felony.
- In such cases, prosecutors have to prove each element of the crime beyond a reasonable doubt.
- As a result, a conviction will lead to a felony charge, which can cause you to serve many hours in jail or even face large fines and penalties against your driver’s license.
- Moreover, blood alcohol tests, medical records, and police accident reports can strongly impact the case.
- Therefore, an adept drunk driving lawyer can analyze all of the above and advise you on the best course of action.
What Does OWI Causing Injury Mean Under Michigan Law?
Michigan Compiled Laws Section 257.625(5) addresses OWI causing injury offenses involving impaired drivers who cause serious impairment of another person’s bodily function. In this case, not all offenses that may seem to be related to impaired driving will qualify. In particular, even though some of them may involve alcohol consumption, this crime also covers specific drug crimes. At the same time, the fact that a driver under the influence caused an accident is not enough for this charge. Consulting DUI injury defense counsel ensures a clear evaluation of whether a direct link exists between the victim’s serious bodily function impairment and the driver’s actions.
When OWI Causing Injury Becomes a Felony
In Michigan, OWI causing injury typically results in a felony charge when an impaired driver causes serious bodily injury to another person. The phrase ‘serious bodily injury’ refers to serious impairment of a person’s physical or mental functioning, for example, the person might not be able to work, play sports, care for himself, or walk properly. This kind of injury can only be determined by a medical examination. In addition, the evidence to be used in court includes the victim’s testimony, toxicology reports, the driver’s behavior, and police records. Having felony OWI defense representation helps evaluate all this evidence before a jury unanimously decides whether the defendant is guilty or not.
Penalties for OWI Causing Injury in Michigan
A conviction for OWI causing injury in Michigan can carry serious consequences, including up to five years in prison, a fine ranging from $1,000 to $5,000, or both. However, for repeat offenses and high-blood-alcohol cases, the maximum prison sentence increases to ten years. Additionally, the courts can also levy applicable vehicle sanctions and other penalties. As such, securing experienced felony OWI defense is critical, as penalties depend heavily on specific statutory violations and circumstances. As a result of felony convictions having consequences on employment, it is important to treat the allegations with seriousness.
Evidence That Can Affect an OWI Injury Case
Evidence may dictate the course that a trial takes. Police reports provide information regarding the accident. In addition, witness statements that clear the subject of any misconduct before the impact could be presented. Furthermore, blood and breath tests can confirm the prosecution’s case by showing the defendant’s level of intoxication. Moreover, medical records can establish the extent of the injuries to the victim. Through criminal defense evidence examination, an attorney can challenge inaccurate testing procedures or unearth unreliable information. Secondly, law enforcement officials should follow the proper protocol in accident cases, which the defense attorney can review. Moreover, reconstruction evidence can explain how the accident occurred.
Legal Defenses to OWI Causing Injury Charges
Each case is unique, so a strong defense begins with a thorough investigation. Your attorney can challenge the stop, question the accuracy of the chemical test, or argue that the police did not act properly. In addition, the attorney can argue that the state did not prove that you were impaired or that your impairment caused the crash. Witnesses and conflicting testimony can also be an issue in a car accident case. There is no guarantee in a criminal case, but an attorney can identify issues that need to be addressed.
How Fragel Law Can Help With Your OWI Causing Injury Case
Facing charges involving a felony can be distressing at a time when you need to focus on your family, career, and future. Fragel Law can assist you in understanding the details of the Michigan OWI charges brought against you and what options are available to you for a defense. An attorney can assess the strength of the evidence brought by the prosecution, explain to you the possible legal options, evaluate the evidence, and help you to identify what potential evidence could be used against you. We know that consulting with an attorney as soon as possible after being charged can help you make better choices when it comes to court dates and other important matters related to your case. And rather than guesswork, let an experienced attorney guide you through this difficult time.
Conclusion
An impaired-driving accident that results in severe injury is a devastating occurrence for all parties. If you are a Michigan resident accused of causing an incident resulting in serious injury, you should contact your lawyer immediately. Your charges might be a felony if you meet certain criteria, but that is not an immediate cause for despair. A competent and experienced defense attorney will assess the situation and prepare for negotiations or a trial, ensuring that your situation is regarded objectively. After obtaining the necessary information and reviewing it, they will be able to assist you in making the best possible decision. Fragel Law can advise you on the options and help you evaluate the situation.
Get Legal Guidance for OWI Causing Injury Charges in Michigan
If you are facing an OWI charge that includes serious injury, contact Fragel Law to discuss your case options and obligations. By contacting us, you will be in a position to identify your options while also ensuring that you meet all crucial deadlines. Remember that every case is unique and should be considered from that perspective. This is why you need to contact us today to speak to an experienced defense attorney about how your charges may affect you and what your options are.
Frequently Asked Questions
Q: Is OWI causing serious injury a felony in Michigan?
A: Yes. Michigan generally classifies OWI that causes serious impairment of another person’s bodily function as a felony under MCL 257.625(5).
Q: How much prison time can this charge carry?
A: The standard offense carries up to five years in prison. Certain qualifying circumstances can increase the maximum term to ten years.
Q: What qualifies as serious bodily impairment?
A: The injury must meet Michigan’s legal standard for serious impairment of a bodily function. Medical evidence and the specific circumstances help establish whether the injury qualifies.
Q: Could a lawyer challenge the evidence?
A: Yes, an attorney could challenge the chemical tests, police procedures, witness statements, or any evidence that links the driving to the injury.
Q: Why should you contact Fragel Law?
A: Fragel Law can help you understand the allegations, review possible defenses, and help you understand what options you have for your particular situation.
