Operating While Intoxicated - In a driveway?

A person may be prosecuted for operating while intoxicated in a place "generally accessible to motor vehicles" if the place is one that is usually capable of being reached by self-propelled vehicles. 

In People v Rea, 500 Mich 422 (2017), the Michigan Supreme Court held that Rea's private driveway was a place generally accessible to motor vehicles.

Additionally, MCL 257.625(1) prohibits operating a vehicle while intoxicated: (1) upon a highway (2) in a place open to the general public, or (3) in a place generally accessible to motor vehicles (as in the case cited above).

 

The above is not considered to be legal advice, and does not create an attorney-client relationship.

Please feel free to contact our office and set an appointment if you wish to receive legal advice specific to your facts and circumstances. 

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