Beulah, MI Criminal Defense Law Firms & Lawyers

The answer to your question is it depends. Should you have the present ability to drive the vehicle, then you could be arrested even though parked in a parking lot. In Michigan there is case law to support that a person who is in the driver seat, with the car running, is in a position to operate the vehicle and can get an OWI ticket, even though the vehicle is not moved when observed by the police. The intent behind the law is to prevent the event of drinking and driving and it turns on the question of whether or not the person was "operating" the vehicle. A conviction could be prevented or supported by what is said at the scene of the accident. If you admit to drinking at a bar miles away from where you were parked some time before the police arrived, this would support that you drank, then drove, then parked the car to get warm. On the other hand, an explanation could be that you did not want to drive, because, realizing that you had drank some alcohol, you did not want to drink and drive. These are all jury questions that would have to be decided at trial. I hope that this was helpful. Should you need assistance in this matter, you may contact my office to arrange an appointment to discuss my representing you.

You state that the DUI is a felony charge. In most instances a DUI is a gross misdemeanor, which is below a felony. If the charge is truly a felony then something very serious happened (personal injury or other companion charges). Without more info, I would say the answer is NO.