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Proximate Cause in a Michigan DUI Causing Death Case
Short Answer
In a Michigan DUI causing death case, the prosecution must prove more than intoxication and a fatal collision. Michigan law formally calls the offense OWI causing death, but DUI is the term most people use to describe impaired-driving charges. The prosecution must prove that the defendant’s operation of the vehicle was both a factual and a proximate cause of the death. When another driver’s conduct, excessive speed, intoxication, road conditions, mechanical failure, or another intervening event materially contributed to the collision, proximate cause can become a central issue.
Proximate cause in a Michigan DUI causing death case is a separate legal issue from whether the accused was intoxicated. A blood or breath result may bear on the DUI allegation, but it does not by itself establish how a fatal collision occurred or whether the defendant’s operation legally caused the death.
Michigan Criminal Defense Lawyer Blog

