In Michigan, being charged with an OWI can occur even if you are parked and not driving.
Michigan OWI Laws and Control of the Vehicle
The Michigan Supreme Court clarified in People v. Wood (1995) that a person can face OWI charges if they have control of the vehicle, regardless of whether it is in motion. This means being behind the wheel while parked still puts you at legal risk.
What Constitutes "Control" While Parked?
Control includes having keys in the car, the ability to operate the vehicle, and often being in the driver's seat. The law focuses on whether you could have driven the car, not just on actual movement. This makes the risk of OWI charges relevant even if you simply decide to rest in the car.
Precautions to Reduce OWI Risks When Sleeping in Your Vehicle
Although no method guarantees avoiding OWI consequences, some precautions may reduce the risk
- Sitting in the back seat instead of the driver's seat
- Keeping keys out of the ignition and away from immediate reach
- Parking in a private, safe location rather than public streets
These steps demonstrate less intention or ability to operate the vehicle, which could be considered in legal evaluations.
Why Sleeping It Off in the Car is Risky
Trying to sleep off intoxication in your car might seem safer than driving, but legal risks remain high. Police can charge you if they find you in control, leading to penalties including fines, license suspension, or even arrest.
Safer Alternatives to Sleeping in Your Vehicle
Calling a ride service or asking a sober friend for a ride eliminates the legal complications tied to OWI. This proactive choice minimizes risk and provides a safer, more responsible way to handle intoxication.
Legal and Commercial Context for Drivers in Michigan
For rideshare companies like Uber or Lyft operating in Michigan, understanding these OWI risks is crucial. Drivers caught in violation while parked may face legal consequences impacting their ability to work. These considerations emphasize the importance of planning transportation ahead.
Summary of Key Takeaways
Avoiding OWI charges in Michigan requires awareness that control over a vehicle is sufficient for legal action, even if the car is stationary. Practical steps can lower risk, but the only fully safe option is to not remain in or near the driver's seat while impaired. Calling a ride ensures compliance with the law while protecting personal safety and convenience.