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Serious Impairment of Bodily Function

In 2010, the state of Michigan enacted revisions to its drunk driving laws that included a new charge called Moving Violation Causing Serious Impairment of a Body Function (MVCSIBF). This charge is a misdemeanor that carries a sentence of up to 93 days in jail and a $500 fine.

A conviction is also punishable by a one-year suspension of your driver's license, six points on your driving record, and a $1,000 driver responsibility fee, which you will have to pay for two years. It is, therefore, important for a person to contact a Michigan DUI attorney to help combat these penalties.

What Constitutes MVCSIBF?

In order to convict you of Moving Violation Causing Serious Impairment of a Body Function, the prosecution must prove the following elements:

  • you committed a moving violation
  • the victim sustained a serious impairment of a bodily function
  • the moving violation you committed was a cause of the victim's injury
Serious Impairment of a Body Function Defined

Michigan state law defines "serious impairment of a body function" as follows:

  • loss of a limb or its use
  • loss of a hand, foot, finger, or their usage
  • loss of an ear or eye or their usage
  • serious visible disfigurement
  • measurable brain or mental impairment
  • fracture of the skull or another bone
  • subdural hemorrhage or hematoma
  • organ loss

Michigan case law has further broadened these statutory definitions and thereby increased the types of injuries that might qualify as creating a serious impairment. You can also be charged with MVCSIBF if the victim is in a comatose state for three or more days as a result of the accident.

MVCSIBF in Conjunction With OWI

On its own, a Moving Violation Causing Serious Impairment of a Body Function is a misdemeanor charge. However, if the driver was operating the vehicle while intoxicated, the MVCSIBF charge may be elevated to a felony. The maximum penalty for conviction of felony MVCSIBF is five years in prison, a fine of anywhere from $1,000 to $5,000, and all applicable driving sanctions. There are also enhanced penalties for a BAC over .17.

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Attorney Patrick Barone was very helpful and helped me understand the charge and sentence absolutely clearly. He also guided me through step by step helping me form a statement. His instructions were clear and detailed. It was obvious he cared about me understanding every important detail within my case. I would absolutely recommend this defense firm to anyone in need. Aaron B.
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The Barone Defense Firm is the firm I recommend. They are truly concerned about the person, not just the legal issue, but the person as well. They are the most knowledgeable defense firm that I am aware of, having actually written the book on DWI Defense. If you are faced with a DWI you will not find a more professional and skilled law firm. But, most importantly, they care about how the accused individual recovers his or her life when the case is complete. Very remarkable group of lawyers. William H.