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If you commit operating while intoxicated (OWI) and injure another person, you could be on the hook for “operating while intoxicated causing serious impairment of a body function.” As the name implies, the injuries to the other person must be severe. For example, loss of a limb or organ qualifies under the law. OWI causing serious impairment is a felony, and a prison sentence is always a possibility.
There are five elements to OWI causing serious impairment, all of which the prosecution must prove beyond a reasonable doubt:
What counts as serious impairment of a body function? The law gives the following list of examples:
This list is illustrative, not exhaustive. Every prosecutor has a different strike zone for charging OWI causing serious impairment. But, ultimately, a jury makes the final call on whether an injury is severe enough.
A woman driving home after having a few drinks at a dinner party runs a red light and T-bones another car. The driver of the other car suffers a fractured hand, but otherwise he is all right. Police officers who arrive on the scene notice that the woman is slurring her speech and unsteady on her feet. A breath test reveals a bodily alcohol content of 0.10. The local prosecutor charges the woman with OWI causing serious impairment.
A man driving home after having several drinks at a bar crosses the center line and hits an oncoming car. The driver of the other car is severely injured, as is the man; both are taken the hospital. Miraculously, both survive. Shortly after the accident, police obtain a search warrant for the man’s blood. A subsequent blood test shows a bodily alcohol content of 0.25.
Other similar or related offenses include:
Two common defenses in OWI causing serious impairment are (1) lack of serious impairment, and (2) search and seizure violations.
Take the man who crossed the centerline on his way home from the bar. Suppose that in the application for the search warrant to draw the man’s blood, the police officer had simply written that the man had been involved in a serious accident. This implicates the probable-cause requirement for issuance of a warrant under the Fourth Amendment. If the allegations in a warrant application don’t provide probable cause (reason to believe) that the person committed the alleged crime, the warrant is invalid. Here, that the driver had been in a serious accident, by itself, does not establish probable cause to believe that the man was intoxicated. Car accidents occur for many reasons that don’t involve drunk driving. So the blood test result will be inadmissible, which could force the prosecutor to dismiss the case.
Now consider the woman who ran the red light. The question here is whether the fractured hand constitutes serious impairment of a body function. The law says that a skull fracture or other serious bone fracture counts as serious impairment of a body function. Is a hand fracture a serious bone fracture? The prosecutor thinks so, but a capable defense attorney should be able to persuade a judge or a jury otherwise. Compared against a skull fracture or other injuries such as loss of a limb or organ, a fractured hand should not—under ordinary circumstances—rise to the level of serious impairment.
OWI causing serious impairment is a felony punishable by up to 5 years in prison and a fine of up to $5,000. If the driver’s bodily alcohol content was 0.17 or above, the offense is punishable by up to 10 years in prison.
If you’re charged with operating while intoxicated causing serious impairment, don’t expect leniency. When a victim is severely injured, prosecutors often want to exact as much punishment as possible. Prison time is on the table even if you don’t have any prior offenses. You need an aggressive and experienced criminal defense attorney on your side.
For more information about OWI causing serious impairment and to talk about your case, contact Grabel & Associates at (800) 342-7896.