Michigan DUI Accident Lawsuits & Dram Shop Laws

Operating a motor vehicle while under the influence is known as driving under the influence or DUI. In Michigan, any driver with blood-alcohol absorption (BAC) above .08 percent is considered "per se intoxicated" under the law. Under this statute, a driver is required to be convicted of a DUI. Laws demand drivers suspected of DUI's to compromise to breath, blood, or urine testing for alcohol content. These are known as "implied consent laws."

Your DUI Accident Lawsuit

The victim of a DUI accident has the right to sue the drunk driver and the owner of the vehicle for injuries and damages caused by the accident. In addition to these civil claims for compensation against, an injured victim (or family members of a deceased victim) may have a claim for damages against a retail liquor licensee that sold alcohol to a drunk driver. An example would be a bar that served alcohol to the drunk driver. These claims are brought under, and controlled by, the Michigan Dram Shop Law. In many circumstances, these claims result in significant additional compensation to the victim.

How to Pursue a Claim under the Dram Shop Law

In order to pursue a claim against a bar (or other retail liquor establishment) under the Dram Shop Law, the injured party must prove that the injury or death was caused by a retail licensee's unlawful selling, giving, or furnishing of alcohol to a "visibly intoxicated person" or a minor. Visible intoxication is intoxication "apparent to an ordinary observer." Furnishing intoxicants to a minor (a person younger than age 21) is per se unlawful and visible intoxication need not be shown.

Under Michigan case law, you must establish that the person was visibly intoxicated when served alcohol through eyewitness testimony. This requires identifying and locating other people who were present at the time and obtaining testimony from them on how the person looked and acted at the time. It is important to choose a lawyer as soon as possible after the accident so that an investigator is hired to locate all potential witnesses.

Time Limitations for Your DUI Accident Claim

There are shortened time limitations in which to bring a claim against a liquor licensee under the Dram Shop Act. First, there is a 120 day notice provision which requires the victim to send written notice to the licensee within 120 days of retaining an attorney. Second, a dram shop lawsuit must be filed in the proper trial court within 2 years after the injury or death. It is also necessary to name and retain the drunk driver in the lawsuit. This is another reason why it is so important to choose your lawyer as soon as possible after the accident.

Contact a Michigan Drunk Driving Accident Lawyer

For more information about your rights regarding Michigan DUI case, visit our law firm website at www.Buckfirelaw.com If you would like to speak with one of our Michigan DUI Accident Lawyers about your case, feel free to call us anytime at (800) 606-1717 or simply submit this contact form and we will get back to you quickly. We represent clients injured in a DUI car accident, truck accident, bus accident, motorcycle accident, bicycle accident, and pedestrian accidents.

For more information about your rights regarding a Michigan drunk driving accident, you should request our book "The Michigan Drunk Driving Accident Handbook," written by Daniel L. Buckfire. The book sells for $14.95 on Amazon but Daniel will send it to you for FREE.

To speak with drunk driving accident attorney and author Daniel L. Buckfire about your legal rights regarding a Michigan drunk driving lawsuit, call him at (800) 606-1717 for a Free, no obligation consultation.

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