Help Is Available Now, Contact 24/7 877-MY-CRIME



Posted by Joseph Awad | Oct 28, 2010 | 0 Comments

It used to be that a police officer was required to witness someone actually operate a vehicle before that person could be arrested for drunk driving. For example, someone asleep in a motionless car who was consuming alcohol did not necessarily provide the officer enough basis for a drunk driving arrest. However, in 1995, the Michigan Supreme Court greatly widened the definition of “operating” a motor vehicle and no longer required a police officer to see someone drive to make a valid drunk driving arrest. Now, “once a person puts a motor vehicle in motion, or in a position posing a significant risk of collision, he or she continues to “operate” that vehicle (even if asleep) until the vehicle is returned to a position posing no such risk.” People v. Wood, 450 Mich 399 (1995).

If you feel as though you have had one too many drinks to drive and need to sleep it off, make your resting place the back seat of your vehicle and ensure the engine is not running. You should also make sure that someone sober parks your vehicle in a way that does not impede traffic or give the police any reason to claim you still meet the statutory definition of “operating” a motor vehicle for a Michigan OWI arrest. Contact Michigan DUI Attorney Joseph Awad to discuss your Michigan drunk driving arrest today. The advice is free and confidential.

About the Author

Joseph Awad

The Law Office of Joseph F. Awad is lead by Attorney and Counselor Awad himself. Attorney Jospeh F. Awad completed his undergraduate studies from Wayne State University, receiving a Philosophy Honors Bachelor's degree, cum laude. Upon completion, Joseph lived and worked in Washington D.C. and cle...


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Your OWI/ Criminal Defense Lawyer

Being arrested for drunk driving (OWI) or any criminal offense can be very scary; but bouncing back better than ever starts with finding the right attorney - a lawyer who understands you and the charge you're facing. Having handled countless cases across Michigan has earned me the reputation, expertise, and understanding to navigate your case the right way. As as solo practitioner, your case is my top priority. It will remain my top priority as I work every angle to accomplish our mutual goals of keeping your record clean, avoiding jail, and maintaining your driving privileges. Work and family are top priorities; everything I do for you is an extension of the many responsibilities you have and the people who rely on you. Call today for the peace of mind of consulting a legal expert best suited to keeping your life moving in the right direction.