Most drivers know it is illegal to operate a motor vehicle while intoxicated. However, many people are surprised to learn that they can be charged with OWI in a parked car.
Criminal charges for OWI in a parked car commonly arise when a driver stops their vehicle to “sleep it off” after consuming alcohol or drugs, thinking they are making a responsible choice. However, Michigan drivers should understand that doing so can result in an arrest for OWI.
Key Takeaways
- Police officers rely on circumstantial evidence to prove charges of OWI in a parked car.
- Under Michigan law, a driver can be convicted of OWI in a parked car if the driver poses a significant risk of a collision.
- A driver is less likely to be charged with OWI in a parked car if they were not in the driver’s seat, the engine was not running, they were asleep when the officer found them, and the keys were not in the ignition.
- If you were charged with OWI in a parked car, you have legal defenses available.
Police Rely on Circumstantial Evidence to Prove OWI in a Parked Car
When a police officer discovers someone sleeping in a parked car who may be under the influence of drugs or alcohol, they must consider various factors to decide whether to charge the driver with OWI. Courts will evaluate the officer’s decisions under the “totality of the circumstances” and may consider factors such as:
- Whether the engine is running
- If the engine is off, whether the hood or tires are still warm
- Whether the vehicle is lawfully parked or is obstructing traffic
- The location of the vehicle
- Any recent physical damage to the vehicle
- How many individuals are in the vehicle (i.e., whether there is another plausible driver)
- Where the occupant is located in the vehicle (e.g., front seat vs. back seat)
- The presence of an open container of alcohol in the vehicle
- Whether the transmission is in drive
Michigan Courts Say Drivers Can Be Convicted of OWI in a Parked Car
Historically, Michigan case law provided that a “person sleeping in a motionless car cannot be held to be presently operating a vehicle while sleeping.” People v Pomeroy (1984). That standard changed in 1995 when the court redefined what it means to operate a motor vehicle in relation to the danger it poses. In People v. Wood, the driver of a van, was found unconscious and slumped over the wheel in a restaurant drive-through.
The engine was running and the vehicle was in drive, but his foot was on the brake. The court ruled that “once a person using a motor vehicle as a motor vehicle has put the vehicle in motion, or in a position posing a significant risk of causing a collision, such a person continues to operate it until the vehicle is returned to a position posing no such risk.” Because the only thing preventing the vehicle from moving was the driver’s foot, the vehicle still posed a risk of collision, and the court ruled that the driver could be convicted of OWI.
How to Avoid an OWI Charge While Parked
When evaluating whether to charge a driver with OWI in a parked car, police must consider the totality of the circumstances. A driver is less likely to be charged with OWI while parked if:
- They are not in the driver’s seat
- The engine is not running
- They were asleep when the officer found them
- The keys are not in the ignition
Defenses to an OWI Charge in a Parked Car
If you were arrested for OWI in a parked car, a skilled OWI defense attorney can develop a comprehensive defense strategy. Common defenses to OWI in a parked car include:
- Low risk of causing a collision. The primary factor in determining whether to convict a person of OWI while parked is the risk of causing a collision. If the keys were not in the ignition, the engine was cool, and you were asleep in the backseat, you posed a relatively low risk of causing a collision.
- Lack of probable cause. To arrest someone on suspicion of OWI, the police officer must have probable cause to believe the driver was operating a vehicle while intoxicated. If the officer did not observe you driving the vehicle, this defense could be available.
- Constitutional violations. When police officers violate a suspect’s constitutional rights during an arrest, illegally obtained evidence can be suppressed, which can weaken the prosecution’s case.
- Challenge the Field Sobriety Tests. In most OWI cases, the police officer will ask the suspect to perform Field Sobriety Tests. These tests can be unreliable due to environmental factors, discrepancies in the officer’s observations, incorrect instructions, or the driver’s medical conditions.
- Challenge the Results of the Breathalyzer Test. An OWI defense attorney can challenge the results of a breathalyzer test that was improperly administered or that was conducted using a machine that was not properly calibrated.
Charged with OWI in a Parked Car? Contact Elmen Legal Today
If you were charged with OWI in a parked car in Michigan, contact the OWI defense lawyer at Elmen Legal for aggressive criminal defense. Elmen Legal is located in Ann Arbor and represents individuals in criminal matters throughout Michigan. Call (734) 707-8915 or contact Elmen Legal online to schedule an appointment to discuss your situation and how Robert Elmen can help.
