DUI or OWI Causing Death or Serious Injury
If you are or might be accused of OWI Causing Death or Serious Injury, you need a top defense attorney protecting and defending you immediately. Be proactive in your defense!
What You Need to Know
Facing an OWI (Operating While Intoxicated) charge in Michigan is a serious matter, but when that OWI leads to someone’s injury or death, the stakes become even higher. The consequences can be life-altering, impacting your freedom, finances, and future. If you or a loved one has been charged with OWI causing death or serious injury in Michigan, it’s crucial to understand your rights, the potential penalties, and your legal options. The information below will provide essential information to help you navigate this challenging situation and make informed decisions about your defense.
Penalties for OWI Causing Injury
In Michigan, an OWI charge that results in serious injury to another person is a felony. The penalties for this crime can be severe, including a potential prison sentence of up to five (5) years, fines of up to $5,000, and the mandatory loss of your driver’s license. These consequences can have a devastating impact on your life, making it crucial to seek experienced legal representation as soon as possible. A skilled OWI defense attorney can investigate the circumstances of the accident, challenge the evidence against you, and advocate for your rights to minimize the potential penalties.
Penalties for OWI Resulting in Death
If the tragic outcome of an OWI incident is the death of another person, the charges and penalties escalate significantly. In Michigan, OWI causing death is a felony punishable by up to 15 years in prison, fines ranging from $2,500 to $10,000, and a mandatory revocation of your driver’s license. Repercussions of an OWI extend far beyond these legal penalties, with the potential to impact your daily life and rights. A conviction can have serious consequences, such as shattering your reputation, making it difficult to find employment, and even leading to the loss of child custody. In addition, you could lose your right to bear arms, the ability to vote, and the potential revocation of any professional licenses you hold. The impact of this charge can echo throughout your life, making it essential to fully understand the gravity of the situation and your legal options.
Impact of OWI on Driver’s License and Records
In Michigan, an OWI Causing Death or Serious Injury conviction results in the immediate and mandatory revocation of your driver’s license. This means you will not be able to operate a vehicle legally in the United States. In addition to the revocation, your driving record will be permanently marked with this offense, making it difficult, if not impossible, to obtain affordable auto insurance in the future. The loss of your driving privileges can significantly disrupt your daily life, making commuting to work, running errands, or participating in social activities challenging.
You must wait a minimum of one year from the revocation date before you can even appeal for a restricted license. However, in cases of OWI causing death, you may need to wait five years or more to be eligible for reinstatement.
Steps to Take Following an OWI Charge
If you are under investigation for or charged with OWI causing death or serious injury, the path forward can seem overwhelming. However, taking decisive action can make a significant difference in the outcome of your case. First and foremost, do not speak to law enforcement or anyone else about the incident without legal counsel present. Despite what you might think, talking with the police will not help you. Invoke your right to remain silent! Your words, demeanor, and body language will be used against you. It is crucial to protect your rights from the outset. Next, immediately contact an experienced OWI defense attorney, such as the lawyers with LEWIS & DICKSTEIN, P.L.L.C. A skilled lawyer will guide you through the legal process, investigate the details of your case, and build a strong defense strategy tailored to your unique circumstances. Remember, the sooner you seek legal representation, the better equipped you’ll be to face the challenges ahead.
Alternative Sentencing and Plea Bargains
While the penalties for OWI causing death or serious injury are severe, the expertise of a seasoned criminal defense attorney can be invaluable in exploring potential alternative sentencing options or negotiating favorable plea bargains. A skilled lawyer may be able to identify mitigating factors or challenge the evidence presented by the prosecution, leading to a reduced charge or a lesser sentence. In some cases, alternative sentencing options such as probation, community service, or rehabilitation programs might be considered, depending on the specific circumstances of the case and the defendant’s history. The ability of an attorney to effectively negotiate with the prosecution and judge, present a compelling defense, and advocate for alternative sentencing can be crucial in achieving a more favorable outcome.
The availability of alternative sentencing and plea bargains will depend on various factors, including the severity of the injuries or loss of life, the defendant’s prior criminal history, and the strength of the evidence presented by the prosecution. Consulting with an experienced OWI defense attorney is essential to understand the specific options available in your case.
Frequently Asked Questions (FAQs)
What is the minimum sentence for OWI causing death in Michigan?
In Michigan, there is no minimum sentence for OWI causing death. However, OWI Causing Death is a felony punishable by up to 15 years in prison. The actual sentence imposed will depend on various factors, including the specifics of the case, the defendant’s prior criminal history, and the judge’s discretion.
How many years in jail for drunk driving and killing someone in Michigan?
If convicted of OWI causing death in Michigan, you could face up to 15 years in prison. This sentence can be increased to up to 20 years if the victim was an emergency responder (e.g., police officer, firefighter, or paramedic) or if your blood alcohol content (BAC) was 0.17 or higher.
When a driver injures someone in a DUI crash, what can they charged with?
In Michigan, if a driver injures someone while driving under the influence, they can be charged with OWI causing serious injury. This felony is punishable by up to five (5) years in prison.
How long does an OWI stay on your record in Michigan?
An OWI conviction remains on your driving record in Michigan permanently. However, it may no longer be considered for points against your license after a certain period. This period varies depending on the specific OWI offense. Your lawyer can file a Motion to Set Aside an OWI First Offense conviction five (5) years after you successfully complete probation or jail, whichever is latest.
What Must the Prosecution Show for Michigan OWI Causing Death?
To secure a conviction for OWI causing death in Michigan, the prosecution must prove beyond a reasonable doubt that:
- You were operating a vehicle.
- You were operating while intoxicated (either with a BAC of 0.08 or higher or visibly impaired by drugs or alcohol).
- Your intoxicated driving caused the death of another person.
Your Best Defense Against Michigan OWI Charges
If you or a loved one is facing the devastating consequences of an OWI causing death or serious injury in Michigan, time is of the essence. The sooner you take action, the better your chances of protecting your rights and securing the best possible outcome. Don’t let fear or uncertainty paralyze you. At LEWIS & DICKSTEIN, P.L.L.C., we have a proven track record of success in defending clients against OWI charges. Our team of experienced attorneys will fight tirelessly to protect your freedom, reputation, and future. Contact us today for a free consultation, and let us help you navigate this difficult situation.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you.
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