Can you face drunk driving charges without actually driving?
We’ve all heard the warnings not to drive drunk. Some people, trying to do the right thing, choose to sleep off their intoxication in their car. What many don’t realize is that under Michigan’s Operating While Intoxicated (OWI) laws, you can face serious charges even when your vehicle isn’t moving.
This surprising reality catches many responsible citizens off guard.
Michigan OWI laws and vehicle control
Michigan’s OWI laws don’t require actual driving. The law focuses on “operating” or having “physical control” of a vehicle while intoxicated. Courts consider factors like:
- Position in the vehicle
- Key placement
- Whether the engine runs
Based on the factors above, this means you can still face OWI charges in Michigan if without driving intoxicated and do any the following:
- Sleep in the driver’s seat
- Have the keys in the ignition
- Have the car engine running
Even sitting in the driver’s seat with keys nearby can constitute possible “operational control” in the eyes of Michigan law. This can lead to the same penalties as the ones for actively driving while still drunk.
How to safely sleep off intoxication in your vehicle
If you must wait in your car until you are sober, take precautions. First, sleep in the back seat, not behind the wheel or even on the passenger side. Create distance between yourself and the steering wheel.
Second, avoid keeping keys in your pocket. It’s safer never to leave your car keys within arms’ reach. Additionally, avoid running the engine if possible and avoid pulling over by the side of the road.
The best option remains to call a ride service, friend or family member for a safe ride home.
Protecting your rights and road safety
The law aims to prevent dangerous situations before they occur, but sometimes catches people with good intentions. If charged with OWI despite not driving, it helps to consult a criminal defense attorney as soon as possible. An experienced Michigan defense lawyer can examine the specific circumstances of your case and develop appropriate defense strategies to challenge or fight the charges.