QUESTION
Can I get charged with DUI if my car isn't even turned on?
Asked on Feb 05th, 2013 on DUI/DWI - Michigan
More details to this question:
I was at a bar drinking and got in my car to go home and realized I probably had a little too much to drink so I called a friend to come get me. While I was waiting I reclined the seat and laid back a bit. My keys were in my pocket still. A cop came and knocked on the window and asked me to get out. He asked if I had been drinking and I said that I had and was waiting for a friend to come pick me up. He said he could charge me with DUI just because I was in the drivers seat with the keys in my possession. Is this true? He waited with me for my friend and then gave me a warning and let me go. I'm just curious what the actual law is.
6 ANSWERS
Michael J. Breczinski
The car has to be operated and in most places that involves at least having the car being turned on.
Answered on Feb 07th, 2013 at 6:32 PM
Criminal Defense Attorney serving Brighton, MI
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The Law Office of Steven M. Dodge, PLLC
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You certainly could be charged. It is unlikely, given the case law in Michigan, that you would be convicted. Merely using a motor vehicle for shelter is not operating. In what county is this case?
Answered on Feb 06th, 2013 at 6:00 PM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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They can charge but probably not convict you.
Answered on Feb 05th, 2013 at 4:27 PM
The operative word is OPERATING while intoxicated. Generally accepted rule is key in the ignition and even engine on. So under your description probably not in violation of law but don't be disappointed if you still get arrested and the report says your keys were in ignition and engine was running. You got a cop who was only on half a power trip not the fully Monty!
Answered on Feb 05th, 2013 at 4:26 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You were lucky, and most probably could have been charged. Call you friends earlier and wait inside.
Answered on Feb 05th, 2013 at 4:26 PM
Collections Attorney serving Okemos, MI
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Cindy Mannon, Attorney at Law
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If the car is not running, it's not operating. I've done many drunk drivings similar to yours and the issue is whether the car is running. You were smart to not turn your car on.
Answered on Feb 05th, 2013 at 4:25 PM