Crime victims' rights in Michigan OWI cases

People injured or killed by an impaired driver have enforceable rights under Michigan's William Van Regenmorter Crime Victim's Rights Act, but only in certain OWI cases. Felony OWI cases are covered by the Act's felony article, and a misdemeanor OWI is covered as a "serious misdemeanor" only if it involved a crash that damaged another person's property or injured or killed another person.^[1][2] The core rights are notice, consultation before a plea deal, an impact statement at sentencing, and full restitution.^[3][5][6]

This page sets out those rights step by step. For an overview that also covers compensation and civil lawsuits, see rights of people injured by impaired drivers.

Which OWI cases are covered

The Act has separate articles for felonies and for serious misdemeanors, with parallel rights.

• Felony article. A "crime" is an offense punishable by more than one year or expressly designated a felony.^[1] That includes OWI causing death (up to 15 years), OWI causing serious impairment (up to 5 years) and third-offense OWI.^[13][14][15]
• Serious-misdemeanor article. A misdemeanor OWI under MCL 257.625 is a serious misdemeanor only "if the violation involves an accident resulting in damage to another individual's property or physical injury or death to another individual."^[2]
• Reduced charges. A charge that started as a listed crime or serious misdemeanor but was reduced or pleaded down to a misdemeanor still counts.^[16]

A common mistake is to assume every drunk-driving case gives the public "victim" rights. A misdemeanor OWI with no crash affecting another person is not a serious misdemeanor under this provision.^[2]

Who counts as the victim

In a serious-misdemeanor case where the victim has died, the rights pass in order to the spouse, then an adult child, then a parent, then the guardian or custodian of a minor child, then a sibling, then a grandparent.^[17] A person charged with an offense arising out of the same incident cannot exercise victims' rights under that article.^[18]

Rights step by step

Stage	Felony OWI	Serious-misdemeanor OWI
Police contact	Written information within 24 hours on medical services, compensation, the prosecutor contact, and how to ask for notice of an arrest or release[19]	Written information within 24 hours on medical services, compensation and the prosecutor contact[20]
Prosecutor's first notice	Within 7 days after arraignment and at least 24 hours before a preliminary examination[4]	Within 48 hours after the prosecutor receives the court's notice[3]
Court dates	Notice of scheduled proceedings and changes, on request[4]	Notice of scheduled proceedings and changes, on request[21]
Plea deals and dismissal	Offer to consult before finalizing a dismissal, plea or sentence bargain, or diversion[4]	Same, if the defendant did not plead guilty at arraignment; dismissal reported within 48 hours[3]
Trial	Right to be present, subject to sequestration until first testimony[22]	Same[22]
Sentencing	Written statement for the presentence report and oral impact statement; designee allowed; defendant generally present[9][23]	Written and oral impact statement, in person or remotely; designee allowed; defendant generally present[5][24]
Restitution	Full restitution ordered[6]	Full restitution ordered[6]

Before the case is resolved

In a felony case, the prosecutor's first written notice must explain the procedural steps, list your rights, give you a convenient way to say you want to use them, explain compensation eligibility, suggest what to do if you are threatened or intimidated, and name a contact person.^[4] If you choose to use your rights, you must keep the prosecutor informed of your current address and telephone number.^[25]

The consultation right lets you tell the prosecutor your views on dismissal, plea or sentence negotiations and diversion before a deal is finalized.^[3][4] It does not let a victim block a deal. For how OWI plea deals work, see plea agreements in OWI cases.

The court must provide a waiting area separate from the defendant, the defendant's relatives and defense witnesses if one is available and practical, or other safeguards to minimize contact.^[22] A victim's home and work addresses and telephone numbers, and images of the victim, are exempt from release under the Freedom of Information Act.^[26]

Sentencing: the impact statement

On request, the prosecutor must notify you of the conviction, your right to give a statement for the presentence report, the probation office preparing it, that the report and your statement will be available to the defendant unless the court exempts them, and the time and place of sentencing.^[9] Your impact statement may include:^[9]

• The nature and extent of physical, psychological or emotional harm.^[9]
• Economic loss or property damage.^[9]
• Your opinion on restitution, and whether you have applied for or received compensation.^[9]
• Your recommendation for an appropriate sentence.^[9]

The court must consider the statement in imposing sentence.^[5] For how judges sentence OWI cases, see how OWI sentencing works.

Restitution

The court must order full restitution to any victim of the conduct that gave rise to the conviction, in misdemeanor and felony cases alike, including when the case ends in a delayed sentence or deferral.^[6] For injuries, it covers medical and psychological care, therapy and rehabilitation, after-tax lost income, treatment for family members, homemaking and child care, funeral costs, and income lost by close relatives who left work to care for the victim.^[7] For death or serious impairment of a body function, the court may order up to 3 times the usual amount.^[8]

In a misdemeanor case, the court resolves restitution disputes by a preponderance of the evidence, and the prosecutor bears the burden of proving the loss.^[27] Victims are paid before insurers or the compensation commission that reimbursed them, and restitution received is set off against later civil damages.^[28]

After sentencing

• Appeals. In a serious-misdemeanor case, on request, the prosecutor must notify you of an appeal, any release on bail pending appeal, oral argument dates and the result, and explain the appeal process in plain English.^[10]
• Release and parole. In a felony case, on written request, the sheriff or the Department of Corrections must notify you of the prisoner's earliest release or parole date (for sentences over 90 days), escapes, parole hearings and decisions, and discharge.^[11]
• Set-aside. If the defendant applies to set aside a serious-misdemeanor conviction, the prosecutor must mail you notice and a copy of the application, and you may appear and make a statement.^[12] See setting aside an OWI; an OWI that caused injury or death cannot be set aside.^[29]
• Work. An employer may not discipline or fire you for attending court to testify at the prosecutor's request.^[30]

The felony article states that it does not create a cause of action for money damages against the state, a county, a municipality or their agencies or employees.^[31] For money from the driver, see suing an impaired driver, and for state help with costs, crime victim compensation.