Drivers often think shutting the engine off will shield them from DUI charges in Michigan.
Yes, you can still face a DUI in Michigan even if your car is parked and the engine is off. Courts apply the ‘actual physical control’ rule, which looks at factors like keys in the ignition, vehicle location, and your intent to drive. Each case is fact-specific and requires careful legal defense.
This article explains Michigan law, case precedents, and defenses if you were charged while sitting in a parked car.
Michigan’s “Actual Physical Control” Standard
Michigan OWI law (commonly called DUI) does not require the vehicle to be moving. Instead, the state must prove the defendant was operating or in “actual physical control” of the vehicle. Courts interpret this broadly to include situations where the driver is capable of putting the car in motion, even if parked.
Factors include: keys in the ignition, driver position, vehicle operability, and surrounding circumstances. Prosecutors argue that a person asleep in the driver’s seat with the keys nearby could still pose a public safety risk. Defense lawyers counter that intent matters, and mere presence in a car should not equal control.
Table: DUI Risk When Parked in Michigan
| Scenario | Risk of DUI Charge | Notes |
|---|---|---|
| Parked, engine off, keys in ignition | High | Court may find “actual physical control” |
| Parked, engine off, keys in pocket | Moderate | Risk depends on intent evidence |
| Parked in driveway, asleep in back seat | Low | Courts less likely to find control |
| Vehicle inoperable, no intent to drive | Very low | Prosecution struggles to prove control |
Case Law in Michigan
Michigan courts have upheld DUI convictions even when the car was not running. For example, in People v. Wood, the defendant was found in the driver’s seat with keys in the ignition, leading the court to conclude actual control. In contrast, cases with drivers asleep in the back seat or far from the ignition have sometimes resulted in dismissals.
These precedents show the fact-specific nature of DUI charges while parked. Judges consider public safety risks, proximity to driving, and the likelihood that the defendant could drive away while impaired.
Defenses to Parked Car DUI Charges
- No intent to drive: Evidence showing you planned to “sleep it off” may counter prosecution claims.
- No operable vehicle: If the car was broken down or out of fuel, proving control is harder.
- Keys not accessible: If keys were hidden or far from the ignition, control is questionable.
- Constitutional challenges: Unlawful stops, searches, or lack of probable cause can also suppress evidence.
Collateral Consequences
A DUI conviction while parked carries the same penalties as driving: license suspension, fines, probation, ignition interlock, and possible jail time. The Michigan Secretary of State enforces administrative sanctions, and insurance premiums can spike. Professional licenses and employment may also be at risk.
Practical Tips if You Sleep in Your Car
- Avoid sitting in the driver’s seat; use the back seat if resting.
- Keep keys out of the ignition and ideally outside reach.
- Choose safe, legal parking areas (private property is safer than public lots).
- If possible, arrange alternative transportation before drinking.
Frequently Asked Questions
Is being parked enough to get a DUI?
Yes, if the prosecution shows you had control over the vehicle, even if not moving.
Do keys have to be in the ignition?
No, but ignition presence strengthens the prosecution’s case.
What if I was in the passenger seat?
That fact supports a defense but does not always guarantee dismissal.
Does location matter?
Yes. Being parked in a driveway may help, but being on a public roadway increases risk.
Can I get a DUI in my driveway?
Yes, it’s possible if evidence shows control of the vehicle.
Is sleeping in the back seat safer?
Yes. Courts are less likely to find control if you’re in the back seat with keys away from ignition.
Call for a Free Consultation
If you face a DUI charge in Michigan while parked, call 269-808-8007 for a free case review. We analyze control, intent, and constitutional issues to build your defense.
Resources