Operating While Intoxicated OWI DUI or Impaired by alcohol or drugs Causing a Serious Injury is a five year felony. A person can be convicted of this offense if they drive a motor vehicle after consuming alcohol or other intoxicating substance, including controlled and illicit substances, and their ability to drive the vehicle has been materially or substantially affected or visibly impaired by the alcohol and/or substance and it was the proximate cause of a serious injury or substantial impairment of a bodily function to another. Examples of a serious injury include loss of, or loss of the use of, a limb, hand, foot, ear, eye or organ. Substantial impairment of a bodily function, like walking, being in a coma for more than three days, or suffering a skull fracture or other serious bone fracture are other examples that have been designated by the Michigan Legislature. This list is not exclusive. Ultimately a a jury can decide what a serious injury is.
The operation of the vehicle under the influence must be a proximate cause meaning that it was a direct cause without any superseding or intervening causes. For instance, if a victim had to have surgery and the doctor makes the injury worse, the driving is not the proximate cause.
Attacking the reliability and accuracy of the chemical test, either a breath or blood alcohol or drug test, is always important to accomplish and only an experienced DUI attorney who knows the science behind these tests can do so effectively.
Practically, a drunk driving conviction will stay on a person’s record for the rest of their life. There is absolutely no possibility of expungement or setting aside the conviction under any circumstances or any expiration of time. For some, this consequence is unacceptable. Further, there is no prosecutor or city attorney automatically willing to offer a plea bargain to any offense that is not driving and alcohol related. The truth is, most criminal defense attorneys will take your case expecting to plea it to a lessor DUI charge. That is all they know how to do. Many lawyers may call themselves specialists but they specialize in guilty pleas. If you or a loved one have been charged with drunk driving and you don’t want a drunk driving conviction on your record for the rest of your life you must hire a drunk driving specialist who will effectively fight the case and earn a desired result. The Law Office of Barton Morris has the experience and DUI education necessary to get great results. You have to fight for great results – filing motions, challenging evidence, utilizing experts and winning jury trials. That is how the Law Office of Barton Morris litigates a case and that is how great, non DUI results are obtained. There is no other way. Great results must be earned – they do not come because someone “knows the judge” or is “friends with the prosecutor”. If you hear these often used phrases, keep looking for an attorney until you find one who gets results with hard work and specialized training like Attorney Barton Morris. EVERY DUI CASE CAN BE WON – EFFECTIVE DEFENSES EXIST IN EVERY CASE ONLY IF YOU HAVE THE RIGHT LAWYER. ALL PEOPLE WHO PLEA GUILTY TO DUI WILL BE GUILTY OF DUI – ONLY DEFENDANTS WHO FIGHT THEIR CASE CAN WIN.
If you have been charged with a DUI case in the Oakland, Wayne or Macomb County communities of Royal Oak, Bloomfield Hills, Detroit, Warren, Troy or any surrounding area and want the best defense, call Michigan Criminal Attorney Barton Morris at (248) 541-2600. Recently voted Top Attorney in Metro Detroit for 2012 and 2013 in DUI Defense.