Motor Vehicle Charges

Michigan Motor Vehicle Charges Attorneys

Driving Offenses

I. Drunk Driving
MCL 257.625

If you are driving with alcohol, or drugs, in your system, and are caught, there are potentially three crimes that you may be charged with:

1. Operating While Intoxicated- OWI
   Note: Up until recently, Michigan law provided for an Operating While Under the Influence of Intoxicating Liquor, or OUIL. This crime no longer exists. Rather, it is now considered an OWI.
   
   
2. Operating While Visibly Impaired - OWVI
   
   
3. Unlawful Bodily Alcohol Level- UBAL

A. Operating While Intoxicated- OWI

If a person is charged with an OWI because of drugs, it is considered an OUID, or Operating Under the Influence of Drugs.

In order to find a defendant guilty of OWI, the prosecutor must prove the following, beyond a reasonable doubt:

1. Defendant was operating a motor vehicle
   Meaning that the defendant was in physical control of the vehicle.
   
   
2. Defendant was operating a motor vehicle on a highway or a place open to the public or generally accessible by motor vehicles.
   
   
3. Defendant was under the influence of alcohol and/or drugs.
   Meaning that the defendant’s ability to operate a motor vehicle in a normal manner was substantially lessened because of drinking alcohol. The defendant needs to have had his mental or physical condition significantly affected to the point that he or she can no longer operate a vehicle in a normal manner.

If you are charged with OWI Causing Serious Impairment of Body Function or OWI Causing Death, prosecution must also prove that:

1. Defendant voluntarily decided to drive
   
   
2. Defendant knew that she had ingested alcohol and/or drugs
   
   
3. Defendant knew that she may be intoxicated
   
   
4. Defendant’s operation of the vehicle caused the victim’s death or serious impairment of body function.
   This means that but for the defendant’s consumption of alcohol, the death or serious impairment of body function would not have occurred.

B. Operating While Visibly Impaired- OWVI

In order for a defendant to be found guilty of OWVI, the prosecutor must prove beyond a reasonable doubt that:     

1. Defendant was operating a motor vehicle
   Meaning that the defendant was in physical control of the vehicle.
   
   
2. Defendant was operating a motor vehicle on a highway or a place open to the public or generally accessible by motor vehicles.
   
   
3. Defendant drove with less ability than would an ordinary careful driver
   Meaning that another person would have noticed that the defendant’s driving ability had been decreased.
   
   
4. Because of consuming alcohol and/or drugs.

If you are charged with OWVI Causing Serious Impairment of Body Function or OWVI Causing Death, prosecution must also prove that:

1. Defendant voluntarily decided to drive
   
   
2. Defendant knew that she had ingested alcohol and/or drugs
   
   
3. Defendant knew that she may be intoxicated
   
   
4. Defendant’s operation of the vehicle caused the victim’s death or serious impairment of body function.
   This means that but for the defendant’s consumption of alcohol, the death or serious impairment of body function would not have occurred.

C.      Unlawful Bodily Alcohol Content- UBAL

In order for a defendant to be found guilty of OWVI, the prosecutor must prove beyond a reasonable doubt that:     

1. Defendant was operating a motor vehicle
   Meaning that the defendant was in physical control of the vehicle.
   
   
2. Defendant was operating a motor vehicle on a highway or a place open to the public or generally accessible by motor vehicles.
   
   
3. Defendant’s bodily alcohol level was .08 or above.
   This means that there was .08 grams or more of alcohol per 100 ml of blood, 210 liters of breath, or 67 ml of urine. A chemical test is required to prove this.

II. Other Common Automobile Related Offenses

A. Felonious Driving
MCL 257.625c

In order to be convicted of Felonious Driving, the prosecutor must prove, beyond a reasonable doubt:

1. Defendant drove a motor vehicle on a place that was open to the public
   
   
2. Defendant drove the vehicle in a grossly negligent manner
   
   Gross negligence is a willful disregard for the results to others of performing an act or failing to act. There are three components to this:
   
          a) Defendant knew the danger to another and knew that the situation
          required him to take ordinary care as to not injure another          

                 b) Injury could have been avoided if the defendant had used ordinary care

                c) Defendant failed to use said ordinary care

                d) The reasonable person would have known that using reasonable care was                 necessary to prevent injury.

B. Leaving the Scene of an Accident
MCL 257.617

In order to be convicted of Leaving the Scene of an Accident, the prosecutor must prove, beyond a reasonable doubt that:

1. Defendant was the driver of a motor vehicle
   
   
2.  That motor vehicle, while defendant was driving it, was involved in an accident
   
   
3. Defendant knew or had a reason to know that he/she had been involved in an accident on a public road or any property open to travel by the public.
   
   
4. That the accident resulted in a serious impairment of body function, personal injury to, or the death of somebody, or damaged another vehicle.
   
   
5. The defendant did not immediately stop his/her motor vehicle at the scene to give help or the information required by law
                     
   The information required by law, under MCL 257.619 is:
   
         a) Driver’s name and address
         b) Vehicle registration
         c) Name and address of the owner of the vehicle (if different from the driver)
   
   This information needs to be given to either a police officer, the individual struck, the driver/occupants of the vehicle struck.
   
   This statute also requires you to “render to any individual injured in the accident reasonable assistance in securing medical aid or arrange
   for or provide transportation to any injured individual.”

C. Reckless Driving
MCL 257.625

In order to be convicted of Reckless Driving, the prosecutor must prove, beyond a reasonable doubt, that:

1. Defendant drove a motor vehicle on a highway or other place open to the public
   
   
2. Defendant drove the motor vehicle with a willful or wanton disregard for the safety of persons or property.
   “Willful or wanton disregard” means that you knowingly disregarded the possible risks to the safety of people or property.  This is more than simple carelessness and does not require proof of an intent to cause harm.

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