The consequences for a Michigan DUI Causing Death charge are severe and far-reaching. If found guilty, you could face up to 15 years in prison. In addition to imprisonment, you may also be ordered to pay hefty fines and permanently have your driver's license revoked. And that's just the immediate aftermath.
In the long term, you could have difficulty maintaining employment. You can also have a hard time engaging in other various aspects of daily life that require transportation. Moreover, a conviction for OWI Causing Death results in a felony criminal record. This permanent mark on your background can create significant obstacles in life long after completing any prison sentence.
In addition to DUI Causing Death, Michigan law also recognizes the offense of reckless driving causing death. This charge, outlined in MCL 257.626(4), carries penalties that mirror those of OWI Causing Death. If convicted, an individual faces up to 15 years in prison and fines ranging from $2,500 to $10,000.
What is the difference between DUI Causing Death and other vehicular offenses resulting in death?
A conviction for reckless driving causing death requires the prosecution to establish, beyond a reasonable doubt, that you were operating a vehicle with willful and wanton disregard for the safety of others. This higher burden of proof sets reckless driving causing death apart from OWI Causing Death or another moving violation causing death.
Proving intentional and egregious negligence requires the prosecution to present evidence that demonstrates your conscious decision to engage in risky behavior behind the wheel. This may include actions such as excessive speeding, aggressive weaving through traffic, or blatantly ignoring traffic signals. The prosecution must show that your conduct wasn't merely careless or inadvertent but rather a deliberate choice to prioritize your own reckless desires over the safety of others on the road.
What factors affect DUI Causing Death charges in Michigan?
One key factor that affects DUI Causing Death charges is the level of intoxication at the time of the incident. If your blood alcohol content (BAC) is found to be significantly high, such as 0.17 or above, this can be seen as a sign of severe impairment and reckless disregard for safety. In such cases, the charges and penalties may be enhanced to reflect the aggravated nature of the offense.
Another factor that can impact the severity of charges is the victim's identity. If the person killed in the accident was an emergency response provider, such as a police officer, firefighter, or paramedic, the penalties may be more severe. The presence of a minor in the vehicle at the time of the accident can also exacerbate the charges and penalties.
Additionally, if you were driving without a proper license or insurance at the time of the car accident, these factors can compound the severity of the charges.
What defenses do I have if I'm facing DUI Causing Death charges?
A skilled Michigan DUI defense lawyer may be able to use several defense strategies to fight your DUI Causing Death charges, depending on the specific circumstances of your case. Some potential defenses include:
- Challenging the legality of the traffic stop or arrest.
- Questioning the validity of the BAC results.
- Challenging the causation of the accident.
- Disputing the alleged level of impairment.
- Challenging the reliability of witness testimony.
- Presenting mitigating factors.
- Negotiating a plea bargain.
Don't face your charges alone. Our Michigan attorneys can fight for your freedom and future
If you're facing the life-altering consequences of a DUI Causing Death charge in Michigan, you need an experienced legal team on your side. The attorneys at Manley & Manley can offer an aggressive defense during this challenging time. We have extensive knowledge of Michigan's DUI laws and a proven track record of success in handling such cases.
We can work tirelessly to investigate the circumstances surrounding your arrest, challenge the evidence against you, and develop a compelling defense strategy tailored to your unique situation. Don't let a DUI Causing Death charge define your life. Contact us today to schedule a consultation and learn how our skilled legal representation can make a difference in your case.
"Don’t make a mistake, hire the best, and they will take care of you. Constantly updated and they treat like you family." — Former client.
