Can You Get an OWI in a Parked Car in Michigan?

Here's a little something to pique your anxiety: you're too drunk to drive, so you do what you feel is the responsible thing—you head to your car, turn on the AC or heat, lean back the seat, and try to sleep it off. And boom: You wake up to OWI charges. In a parked car. What?

RELATED: Study Revealing Michigan's 'Drunkest' City Has Surprising Results

Can You Get an OWI in Michigan Without Driving?

This sounded like an urban legend to me, but I had to check—and yep, it's true. Even though OWI stands for "Operating While Intoxicated," and the Michigan Vehicle Code Act 300 of 1949 defines "operating" as being in control of a vehicle, just having the keys accessible while you're in the car can be considered "operating" even if the vehicle is in park.

Michigan Case Law: People v. Wood

"Well, that's ridiculous, I'll just fight the charges in court," you might be thinking to yourself. Tell that to Wood of People v. Wood (1995). Wood was found drunk, passed out in a drive-thru, with his foot on the brake and a beer between his legs.

According to George Law, the Michigan Supreme Court ruled that even though the car Wood was in wasn't moving, it could have and therefore presented a danger to the public.

How to (Try to) Avoid an OWI When Sleeping in Your Car

If you can't get a ride and you are left with no other choice than to try and sober up after catching some Zs in your car, here are some steps to take to make it more difficult, but not impossible, to get an OWI in a parked car:

• Sit in the back seat
• Keep the keys out of the ignition
• Park in a safe, private place—not in traffic or on a shoulder

RELATED: 10-Mile Stretch of Michigan Highway Among Deadliest in America

Of course, none of the above guarantees you won't be charged with an OWI offense, but it will make the argument that you were ready to take control of the vehicle more difficult. I've even heard of people who have placed their keys on the pavement under their car, making it nearly impossible to operate.

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Better Yet? Don’t Risk It. Call for a Ride

Of course, the easiest way to avoid an OWI is to call a friend, get a ride, or stick with pop.