In Michigan, an OWI that causes another person’s death is a felony punishable by up to 15 years in prison and a fine of $2,500 to $10,000, and one that causes serious impairment of a body function is a felony punishable by up to 5 years and a fine of $1,000 to $5,000 (MCL 257.625(4) and (5)). A high BAC and a prior conviction within 7 years raise the maximums to 20 and 10 years.
Reviewed by Attorney Kevin Bessant, Law Office of Kevin Bessant & Associates. Last reviewed October 2026.
OWI causing death or injury at a glance
| Causing death | MCL 257.625(4). Felony, up to 15 years, fine of $2,500 to $10,000, or both. |
|---|---|
| Death, high BAC with a prior | BAC of 0.17 or more and a prior conviction within 7 years: up to 20 years. |
| Death of an emergency responder | Up to 20 years when the violation involves a prohibited manner of driving that causes the death of a police officer, firefighter or other emergency responder. |
| Serious impairment of a body function | MCL 257.625(5). Felony, up to 5 years, fine of $1,000 to $5,000, or both. |
| Serious impairment, high BAC with a prior | Up to 10 years, same fine range. |
| Vehicle | If the vehicle is not forfeited, the court must order immobilization. |
| License | A single conviction under 257.625(4) or (5) leads to revocation (MCL 257.303(2)(d)). See license restoration. |
| Points | 6 points (MCL 257.320a). |
Charges can also include other offenses from the same incident. The statute lists the violations that can be the basis of these charges.
Where these cases are defended
- Causation. The prosecution must connect the intoxicated driving to the death or injury.
- Intoxication and operation. The same questions about the stop, the test, the timing and who was driving apply.
- The injury. Whether the injury meets the definition of serious impairment of a body function can be challenged.
- Charge reduction. Resolving the case to a lesser offense can change the sentence range dramatically.
Related pages: DUI and OWI defense, high BAC OWI and refusing a chemical test. These cases are heard in circuit court after district court proceedings, and bond is often the first issue.
Frequently asked questions
What is the penalty for OWI causing death in Michigan?
Up to 15 years in prison and a fine of $2,500 to $10,000, or both, and up to 20 years in certain aggravated cases.
What is the penalty for OWI causing serious injury?
Up to 5 years in prison and a fine of $1,000 to $5,000, or both, and up to 10 years with a BAC of 0.17 or more and a prior conviction within 7 years.
Will I lose my license?
A single conviction for OWI causing death or serious impairment leads to license revocation under MCL 257.303(2)(d).
Talk to a Detroit OWI defense attorney
Call Attorney Kevin Bessant at 313-658-8159 immediately. We are in Detroit, Eastpointe and Southfield.
Legal Authority
See MCL 257.625(4) and (5) in the Michigan Legislature’s MCL database. This page is general information, not legal advice.