9.8OWI or OWVI Causing Serious Impairment of a Body Function—Section 625(5)
“A person, whether licensed or not, who operates a motor vehicle in violation of [MCL 257.625(1), MCL 257.625(3), or MCL 257.625(8)] and by the operation of that motor vehicle causes a serious impairment of a body function of another person is guilty of a crime[.]” MCL 257.625(5).
•M Crim JI 15.12 addresses operating while intoxicated and operating while visibly impaired causing serious impairment of a body function.
•M Crim JI 15.12a addresses operating with any amount of a schedule 1 or 2 controlled substance in the body causing serious impairment of a body function.
The penalties for violating MCL 257.625(5) are as follows:
“(a) Except as provided in subdivision (b), the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not less than $1,000.00 or more than $5,000.00, or both. . . .
(b) If the violation occurs while the person has an alcohol content of 0.17 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, and within 7 years of a prior conviction, the person is guilty of a felony punishable by imprisonment of not more than 10 years or a fine of not less than $1,000.00 or more than $5,000.00, or both. . . .” MCL 257.625(5)(a)-(b).
Only applicable sanctions are listed below; accordingly, if a particular sanction is omitted from this section, it is not applicable to this offense. The Offense Code Index for Traffic Violations published by the secretary of state and sourced from the Michigan Department of State Court Manual includes a table detailing traffic offenses and applicable sanctions. See Section 1.41 for more information on abstracting procedures.
•Six points. See MCL 257.320a(1)(c). See Section 1.42 for more information on points.
•License revocation/denial (length dependent on specific conviction and criminal history). See MCL 257.303(2)(d); MCL 257.303(4)(a). See Section 1.45 for more information on license suspension and Section 1.44 for more information on license revocation.
•Vehicle immobilization (length dependent on specific conviction and criminal history), if forfeiture is not ordered. See MCL 257.625(5); MCL 257.904d(1). See Section 1.47 for more information on vehicle immobilization.
•No prior convictions: mandatory immobilization for not more than 180 days, unless forfeiture is ordered under MCL 257.625n. See MCL 257.625(5); MCL 257.904d(1)(b).
•Conviction under MCL 257.625(5) within seven years after a prior conviction: mandatory immobilization for not less than 90 days or more than 180 days, unless forfeiture is ordered under MCL 257.625n. See MCL 257.625(5); MCL 257.904d(1)(c).
•Conviction under MCL 257.625(5) after two or more prior convictions: mandatory immobilization for not less than one year or more than three years, unless forfeiture is ordered under MCL 257.625n. See MCL 257.625(5); MCL 257.904d(1)(d).
•Vehicle forfeiture may be imposed for a violation of MCL 257.625(5). See MCL 257.625(5); MCL 257.625n. See Section 1.49 for more information on vehicle forfeiture.
•Registration denial is required under certain circumstances. See MCL 257.219(1)(c)-(d). See Section 1.50 for more information on registration denial.
A “defendant’s convictions of both OWI[, MCL 257.625(1),] and OWI-injury[, MCL 257.625(5),] for the same intoxicated driving incident violates the multiple punishments prong of the [federal and state constitutions’] double jeopardy clauses.”1 People v Miller, 498 Mich 13, 26 (2015). The “Court of Appeals erred by concluding that the Legislature did not ‘evince a clear expression of any intent to allow . . . multiple punishments for the same offense[;]’” rather, “in light of MCL 257.625(7)(d), [which specifically authorizes multiple convictions of and punishments for OWI with a minor in the car under MCL 257.625(7) and OWI-injury or OWI causing death,] the omission of a similar clause providing explicit authority to convict a defendant of multiple operating while intoxicated offenses arising out of the same incident in either MCL 257.625(1) or [MCL 257.625](5) is a clear indication that the Legislature did not intend for defendants to be convicted of and punished for OWI and OWI-injury arising out of the same incident.” Miller, 498 Mich at 25-26.
1 For a detailed discussion of double jeopardy, see the Michigan Judicial Institute’s Criminal Proceedings Benchbook, Vol. 1, Chapter 9.