A Backseat Passenger Can Be Convicted of DUI

A Backseat Passenger Can Be Convicted of DUI in Michigan.

Michigan_DUI_AttorneyA backseat passenger can be convicted of DUI in Michigan. Michigan calls the offense of driving under the influence “operating while intoxicated”. So, there is no requirement that a person be driving.  The term operating is quite broad. In Michigan, operating means driving or having actual physical control of the vehicle.

In People v Yamat, 475 Mich 49, 714 NW2d 335 (2006), a passenger grabbed the wheel from the driver causing an accident. The passenger was charged, and convicted of OWI. The conviction was upheld on appeal.

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