People v. Miller, 498 Mich. 13

In June 2012 Miller grabbed the steering wheel of his girlfriend’s car while both had been drinking, causing a crash that injured the driver; Miller’s BAC was 0.17.
Miller was charged with and convicted by a jury of OWI (MCL 257.625(1)) and OWI causing serious impairment (OWI‑injury, MCL 257.625(5)).
Trial court sentenced Miller to concurrent five‑year probation terms with nine months jail; Miller appealed claiming double jeopardy (multiple punishments) violation.
The Court of Appeals vacated the OWI conviction under the multiple‑punishments strand of double jeopardy; prosecution sought leave to appeal.
Michigan Supreme Court affirmed the Court of Appeals’ result (vacating the lesser OWI conviction) but on different grounds: statutory interpretation of MCL 257.625 shows the Legislature did not intend cumulative convictions for subsections (1) and (5).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether convicting Miller of OWI (subsec. 1) and OWI‑injury (subsec. 5) from the same conduct violates the multiple‑punishments strand of double jeopardy	Prosecutor: No double jeopardy because the Legislature did not clearly prohibit multiple punishments; if unclear, Ream test applies and statutory elements differ	Miller: Convictions constitute multiple punishments for the same conduct and are barred by double jeopardy	Court: Violation — statute read as a whole shows Legislature authorized multiple punishments only where explicitly stated (e.g., subsec. 7(d)), and omitted such authorization for (1) & (5), so both convictions cannot stand

People v. Ream, 481 Mich 223 (2008) (abstract legal‑elements test used when legislative intent unclear)
Missouri v. Hunter, 459 US 359 (1983) (legislature may authorize cumulative punishments; Blockburger not controlling if legislative intent clear)
Albernaz v. United States, 450 US 333 (1981) (multiple punishments analysis confines sentencing to legislative limits)
Ball v. United States, 470 US 856 (1985) (collateral consequences of multiple convictions may persist despite concurrent sentences)
People v. Herron, 464 Mich 593 (2001) (remedy for multiple‑punishment violation: affirm greater offense, vacate lesser)