“Can I be charged with OWI if my car was on private property?”
The Michigan Supreme Court ruled that it is illegal to operate a vehicle while intoxicated on private property if that property is capable of being reached by a motor vehicle.
The Michigan Supreme Court Expanded the OWI Law
The game has changed in Michigan. The Michigan Supreme Court has ruled that a person driving a car while intoxicated, even on private property, can still be charged with Operating While Intoxicated (OWI) if the area is “capable of being reached by a motor vehicle.” This ruling regarding OWI charges on private property is a stark difference between the law before this truly expansive decision. Previously, the prosecutor could only charge an OWI for an offense on public property or an area traveled or accessed by the public.
According to the OWI law in Michigan, the area where the suspect’s vehicle traveled must have been “generally accessible” to motor vehicles. Before this recent decision of the Michigan Supreme Court, multiple court decisions found that a car on private property was not operated in an area “generally accessible” to motor vehicles.
“Is someone guilty of a crime if they drive intoxicated on private property?”
In Michigan, police can charge a driver with Operating While Intoxicated (OWI) if they drove a vehicle on private property if the location was accessible to other motor vehicles (even if another vehicle would be trespassing). People v Rea is a case involving a drunk driving OWI case on private property. The police were called to Rea’s home on a noise complaint. When they arrived, they witnessed Rea back his car about 25 feet before stopping in line with his house and pulling it back into the garage. The vehicle was on Rae’s side or backyard. Rae was arrested and charged with drunk driving OWI.
The trial court granted a motion to dismiss, and the Michigan Court of Appeal affirmed, stating, “the upper portion of Rea’s private residential driveway does not constitute an area “generally accessible to motor vehicles.” Further, that the “vehicle was not in an area open to the general public.” The general public is not generally permitted to access that portion of a private driveway immediately next to a private residence.
The Michigan Supreme Court ruled that because the defendant’s OWI occurred in an area generally accessible to motor vehicles, Rea’s driving was illegal under Michigan’s OWI laws, even if it was private property. Prosecutors will likely charge defendants found to be operating under the influence of alcohol or drugs on private property, like driveways, because virtually any area of private property can be accessed by a car (or truck). The word “generally” has been rendered meaningless by the Supreme Court’s decision and is now interpreted as “possibly.”
Penalties for OWI or Impaired Driving on Private Property
A first-offense OWI or OWVI is punishable by up to 93 days in jail and up to 2 years of probation. A second offense carries up to 1 year in jail, and a third offense is a felony punishable by up to 5 years in prison and up to 5 years of probation.
A suspended license, an injury or death, a child in the car, a prior felony record, and other factors can substantially increase these potential punishments. An OWI with a high bodily alcohol content (BAC) carries a maximum possible sentence of up to 180 days in jail.
License Sanctions
For some people, losing driving privileges is more problematic than a jail sentence. Some defendants convicted of OWI lose their driver’s license and go decades or longer before achieving license restoration. At least a jail sentence comes to an end.
For a first-offense OWI or a second offense that occurred more than seven (7) years before, the time of the suspension is limited, and other factors determine whether a restricted license is possible or not. In some cases, a restricted license is prohibited for a time. In those situations where there are two convictions within seven (7) years or three within ten years, the Michigan Department of State indefinitely revokes a person’s driver’s license. The only way to achieve license restoration following a revocation is to appeal the revocation to the Drivers Assessment and Appeal Division (DAAD) after a minimum of 1 year. This process is complex, and the odds are stacked against the petitioner. It takes years of experience, intensive preparation, and a track record of winning before a lawyer can win these DAAD hearings routinely.
OWI Charges on Private Property in Michigan – Your Best Defense
If you are charged with DUI or OWI in Michigan on private property or public property, you need aggressive and effective defense lawyers to ensure your fair treatment. We can help you avoid jail and avoid losing your driving privileges. Courts, like the Michigan Supreme Court, bend over backward to help prosecutors secure convictions. Only an elite group of OWI defense lawyers in Michigan would have the knowledge, reputation, and tenacity to stand up to harsh judges and get charges dismissed or reduced.
The defense team with LEWIS & DICKSTEIN, P.L.L.C. has a reputation built on decades of successfully defending DUI, OWI, Impaired Driving, and Driving Under the Influence of Controlled Substance charges. We have achieved many dismissals and reductions to non-alcohol-related offenses, which may be possible in your case.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you.
We Are Not Afraid to Win!
