Operating While Intoxicated in a parked car?
If you have been ticketed for an OWI, DUI, OWPD, or a similar offense because you were sleeping in a parked car, you may have a defense to the charge. You will need a top-notch lawyer if you hope to win this type of case, get a favorable plea bargain, or a lenient sentence.
Most everyone knows that in Michigan, the law prohibits operating a vehicle while impaired or intoxicated by alcohol, an illegal drug, or prescription medication. What is less known is that “operating” is very broadly defined. Essentially, operating means having physical control. The concept of physical control is vague. When determining whether you were in actual physical control of a vehicle, the court will look at the “totality of the circumstances.”
Operating While Intoxicated (OWI) charges based on someone found in a parked car or sleeping in a car most frequently happens in the late night or early morning hours. A person parks their car or gets in their parked car to “sleep it off” at a fast-food restaurant, bar, nightclub, or neighboring business and sometimes private property such as an apartment complex. People think they are making a wise decision to rest in their car until they are no longer under the influence and are then shocked to find themselves charged with OWI, DUI, or another drunk driving-related charge.
“How can the police prove I was driving if my car was parked?”
An officer will have to make a judgment call when deciding if a person in a parked car or someone sleeping behind the wheel is in physical control of the vehicle. Police typically look at a variety of clues to make this decision. In general, a court may be willing to examine whether the officer’s decision was correct under the “totality of circumstances.” Some of the clues the officer will look for include if:
- the tires or hood are warm,
- the keys in the ignition,
- the ignition is switched on or off,
- the car is lawfully parked or obstructing traffic,
- the car stopped at the point of an accident,
- the car is stopped on the side of a road or in a parking lot,
- it appears there is recent physical damage to the vehicle,
- there is a single person in a parked car with no other plausible driver,
- the occupant of the vehicle is behind the wheel or in another location (like the back seat),
- there is a container of alcohol in the car, and
- the car’s transmission is in drive.
If neither a police officer nor another credible witness saw you driving the car, the government would have to rely on circumstantial evidence. An eye-witness can provide direct evidence of the driver’s identity. Circumstantial evidence is evidence that demonstrates that some disputed fact is true. For example, if a person comes inside with a raincoat that is covered with small drops of water, that is circumstantial evidence that it is raining. If you look out of your window and see the rain, this would be an example of direct evidence. It is the government’s responsibility to prove that you were operating the motor vehicle beyond a reasonable doubt. If the government’s evidence is not sufficient, you must be found not guilty.
“What if I pulled over to sober up and fell asleep?”
In most cases, you could still be considered to be “operating” your car because you are still in control of it while you are resting. Just as circumstantial evidence can show that you were operating the vehicle while under the influence, it can also be used to disprove the allegation. If, for example, the keys are outside the car and covered in recently fallen snow, that would be circumstantial evidence that you were not driving. Similarly, if you are found sleeping in the back of an SUV, that would tend to show you were not operating under the influence. The determination of whether you were “operating” the vehicle will be made based on the totality of circumstances. Because the determination can be complicated, a savvy defense lawyer gives you the best chance of convincing a prosecutor, judge, or jury that you were not in control of the vehicle at the time you were found in the parked car.
“What if I’m sleeping and my car is parked on private property?
In Michigan, there is no distinction between public and private property relative to drunk or drugged driving laws. If the car is “operating” in an area that is accessible to motor vehicles, that is sufficient for an OWI charge.
Michigan Defense for OWI Charges, Including While in a Parked Car
The Defense Team with LEWIS & DICKSTEIN, P.L.L.C. is comprised of highly skilled OWI defense attorneys with decades of experience successfully defending and protecting clients charged with alcohol and drug-related driving charges. We have an unparalleled track record of defending clients vigorously, intelligently, and fearlessly in these cases. Prosecutors and judges have respect for LEWIS & DICKSTEIN, P.L.L.C., and know that you are serious about your defense when you walk in the courtroom with one of our lawyers. When there is no room for errors and false promises, you can trust us to help you.
Call us today at (248) 263-6800 for a free consultation, or complete a Request for Assistance Form and we will contact you promptly.