In March of 2011, Todd Urbanski, 39, lost control of his Oldsmobile Aurora while traveling southbound through Kent County, Michigan. Urbanski's vehicle crossed the center lane and struck a van driven by 74-year-old Lorraine Bradford of Howard city.
Urbanski was transported to Spectrum Health Butterworth Hospital in fair condition. Bradford was pronounced dead at the scene.
A subsequent investigation by Kent County sheriff's deputies revealed that alcohol had been a factor. One law enforcement test put Urbanski's blood alcohol level at 0.15 percent, almost twice the legal limit of 0.08.
Six months after the accident, Urbanski was sentenced by a Kent County Circuit Court judge for causing death through operating while intoxicated.
OWI Sentence Could Top a Decade for Urbanski
In Michigan, even a first-time drunken driving offense (known as operating while intoxicated or OWI) can carry serious consequences. Penalties increase exponentially for OWI when an offender caused injury or death.
Generally, an OWI charge stems from driving with a blood alcohol content of 0.08 or greater as determined by a chemical test (penalties are enhanced for BACs at or above 0.17). However, even at BACs below the legal limit, a driver can be charged with OWI if alcohol or drugs "substantially" affected his or her ability to operate a motor vehicle safely. An impaired ability to drive must be proven through external evidence in order to maintain OWI charges at low BACs, although the lesser charge of Operating While Visibly Impaired (OWVI) may also be a possibility for prosecutors.
Since Urbanski's BAC tested well above the legal limit, he met the criteria for an OWI offense. When an OWI results in the death of another, the standard OWI penalties are ratcheted up: drunk driving that causes death is an automatic felony in Michigan, with potential penalties including up to 15 years in prison, a fine between $2,500 and $10,000 or a combination of both.
In a courtroom crowded with Bradford's family members, Kent County Judge James Robert Redford sentenced Urbanski to a prison term of five to 15 years for his March OWI offense. Before being hauled away by deputies, Urbanski apologized to Bradford's gathered loved ones with little effect: they vowed to do what they could to ensure he served as much of the 15-year maximum as possible.
An Attorney Can Help Keep You Out Of Prison
Serious consequences can stem from any drunk driving charge, especially those that involve an injury or death. If you have been arrested for OWI, contact a Michigan criminal defense lawyer today to protect your future.
