Search
Michigan Criminal Defense Lawyer BlogWhen Can a Victim’s Intoxication Matter in a Michigan DUI Causing Death Case?
Short Answer
Victim intoxication can be relevant in a Michigan DUI causing death case, but not simply because alcohol, marijuana, or another drug was found in the victim’s system. The important question is whether the victim’s intoxication, considered together with the victim’s conduct and the other circumstances of the collision, tends to show gross negligence that could affect proximate causation. The Michigan Supreme Court’s 2026 decision in People v Morgan makes clear that courts should not evaluate intoxication, speed, acceleration, reaction time, and other relevant conduct in separate silos.
Victim intoxication can become an important issue in a Michigan DUI causing death prosecution when alcohol or drug evidence bears on the victim’s conduct and the causation analysis. But the legal significance of that evidence is more complicated than simply asking whether the victim was intoxicated or even by learning how intoxicated they were.