In April 2012, changes were made to the definition of OWI or Operating While Intoxicated in Michigan that you may not know about. What it means to be charged with an OWI is the individual is not able to operate a vehicle due to alcohol or drugs being in their system at the time; in reference to alcohol the individual’s blood alcohol level being .08 or above.
So what does it mean to operate a vehicle?
That is the piece that the Michigan Court of Appeals investigated after a woman had been allegedly over the legal blood alcohol limit, got into her parked car, put her car in reverse and then moved the car back into park. While the car never moved, the woman was charged with an OWI due to the car being in her control during that time.
Can you be charge with an OWI in the passenger seat?
Yes, prior cases illustrate individuals who have been in the passenger seat of the car being charged with an OWI. This happens when the individual’s blood alcohol level is at or above .08 and/or drugs in their system and he or she takes control of the steering wheel. The individual while riding in the passenger seat can also be arrested.
It may come as a surprise that you can face a drunk driving charge without driving. In these circumstances it is important to work with an attorney that has a history of having charges and penalties reduced or dismissed. Stop by my previous cases at Criminal Law Cases to see our law firm’s history of having charges and penalties reduced and dismissed.
Have you been charged with an OWI in Michigan? Call our office today at: