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In the complex world of criminal defense, having an experienced OWI lawyer is crucial for navigating the legal maze and safeguarding your rights. George Law is dedicated to providing aggressive representation to those accused of crimes in MI. Don’t risk your future by going it alone. Let our OWI lawyers be your counsel and advocate every step of the way. Call us now at (248) 247-7459 or contact us online to schedule a confidential consultation.
Getting charged with an Operating While Intoxicated (OWI) offense is a serious matter that can have long-lasting implications on your life. One common misconception is that you can only get an OWI charge if you were actively driving a vehicle while intoxicated. However, in Michigan, the law takes a broader view. It might surprise you to learn that you can face OWI charges even if you weren’t actually driving. This article aims to clarify what Michigan law says about OWIs in these somewhat ambiguous situations.
What Does Michigan Law Say About “Operating” A Vehicle?
The Michigan Vehicle Code Section 257.35a, outlines the definition of “operate” or “operating” a vehicle. According to the law:
- Being in actual physical control of a vehicle applies, regardless of whether or not the person is licensed under this act as an operator or chauffeur.
- Making a motor vehicle that is automated to move through its own power in a mode that is automatic also counts as operating, even if the person is not physically present in the vehicle.
In simpler terms, you can be charged with an OWI for just being in “actual physical control” of a vehicle, even if you weren’t actively driving it.
“Actual Physical Control” Explained
The term “actual physical control” can be somewhat ambiguous, but it’s crucial for understanding Michigan’s OWI laws. In general, being in the driver’s seat with the keys in the ignition could qualify as having “actual physical control” of the vehicle. The idea is that you have the capability to operate the vehicle, whether you’re moving or not. This means you could face an OWI charge even if you’re sitting in a parked car with the engine off, as long as you have the ability to start and move the vehicle.
Automated Vehicles And OWIs
Michigan law also covers automated vehicles in its OWI statute. You can be charged with an OWI for causing an automated vehicle to move under its own power in automatic mode, even if you are not physically in the car. This is particularly important to note as automated vehicles become more common on the road.
Legal Consequences Of An OWI Charge
If you’re charged with an OWI, you could face severe consequences including fines, loss of driving privileges, and even imprisonment. A conviction could also have long-lasting implications on your employment and overall quality of life.
Defenses Against OWI Charges When You Weren’t Driving In Michigan
Lack Of “Actual Physical Control”
One of the most direct defenses against an OWI charge, when you weren’t driving, is to challenge the idea that you were in “actual physical control” of the vehicle. According to Michigan law, merely being near or inside a vehicle isn’t enough; you must have the capability to operate it. If you can demonstrate that you didn’t have the keys, or that the vehicle was inoperable, you may be able to refute the charge.
Ambiguity In Location And Position
Where you were located within the vehicle at the time you were charged can also be crucial. Were you in the driver’s seat, or were you in the backseat asleep? Your position in the vehicle could be used to argue against the notion that you were in “actual physical control” of it.
Timing Of Intoxication
Michigan law focuses on operating a vehicle while intoxicated. If you can prove that you became intoxicated after you ceased to be in “actual physical control” of the vehicle, this could serve as a defense. However, this would require substantial evidence such as time-stamped receipts or eyewitness accounts.
Automated Vehicle Exception
If you were charged with an OWI related to an automated vehicle, one potential defense could be challenging whether you actually caused the vehicle to move in automatic mode. If the vehicle moved without your direct action, you might argue that you weren’t operating it under the definition of the Michigan statute.
Lack Of Probable Cause
If the police did not have a legitimate reason to approach your vehicle or initiate a sobriety check, this could be used as a defense.
Improper Administration Of Sobriety Tests
If the field sobriety tests were improperly administered or if the equipment used to test your BAC (Blood Alcohol Content) was faulty, this could also serve as a valid defense.
Frequently Asked Questions About Michigan’s OWI Law When You Weren’t Driving
Can I Get An OWI If The Car Was Parked?
Yes, you can be charged with an OWI in Michigan if you are in “actual physical control” of a parked vehicle while intoxicated. Being in the driver’s seat with the keys in the ignition is generally enough to establish “actual physical control.”
What Does “Actual Physical Control” Mean?
“Actual physical control” is a legal term that means you have the ability to operate the vehicle. This doesn’t necessarily mean driving; even sitting in a parked car with the keys could qualify.
How Does This Law Apply To Automated Vehicles?
Michigan law is fairly forward-thinking in this aspect. You can be charged with an OWI if you cause an automated vehicle to move under its own power in automatic mode, regardless of whether you are physically present in the car.
What If The Keys Weren’t In The Ignition?
If the keys weren’t in the ignition, this could be a potential defense against being in “actual physical control” of the vehicle. However, each case is unique, and the overall circumstances will be considered.
Can I Sleep Off My Intoxication In My Car Without Getting An OWI?
While it might seem like a responsible choice, sleeping in your car while intoxicated can still result in an OWI charge if you’re deemed to be in “actual physical control” of the vehicle.
What If The Vehicle Was Inoperable?
If the vehicle was inoperable, this could serve as a defense against an OWI charge. Being in “actual physical control” assumes that the vehicle could be operated.
Can Someone Else Remote Control My Automated Car While I’m Intoxicated?
The statute specifies that an OWI charge can apply if you cause the automated vehicle to move. If someone else is controlling the vehicle, you might have a defense, although the law in this area is still evolving.
What Are The Legal Consequences Of An OWI Charge?
An OWI charge in Michigan can result in fines, the suspension of your driver’s license, and even imprisonment. The severity of the penalties may vary based on prior offenses and the specific circumstances of the case.
What Should I Do If I’m Charged With An OWI But Wasn’t Driving?
Consult a criminal defense attorney immediately. Given the complexities and nuances of Michigan OWI laws, professional legal counsel is essential for building a solid defense strategy.
Don’t Face The Court Alone: Consult An OWI Lawyer At George Law Attorney Today
You shouldn’t have to navigate the complexities of the criminal justice system on your own. A knowledgeable OWI attorney from George Law can offer invaluable counsel, and strategies tailored to your unique situation.
With our vast experience in the MI courts, our OWI attorneys can be the decisive factor in your case. Reach out to us today by calling (248) 247-7459 or get in touch with us online for a consultation.
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