WHAT IS THE LAW WHEN THE POLICE ARRIVE ON THE SCENE OF A SUSPECTED DRUNK DRIVING AND DO NOT OBSERVE ANY DRIVING, AND THE VEHICLE IS NOT RUNNING?
Answer: Michigan courts have held that circumstantial evidence of operating may be sufficient to support an OWI or OWVI conviction.
Example: An officer arrives on the scene of an accident and observes several cars some of which were not involved in the accident. If the officer by questioning the witnesses, gathers enough circumstantial evidence to establish probable cause, he could arrest a person for OWI misdemeanor.
The officer to establish such evidence will ask:
“When did you last consume alcohol?”
“How long has it been since you drove your car?”
” Have you had anything to drink since stopping here?”
Example: Another common scenario is where a driver who has been drinking, is involved in an accident and leaves the scene. The driver then proceeds home thinking he won’t get charged with drunk driving. The driver of the car that was struck immediately calls 911, with a description of driver and plate information. After arriving home, thinking he is free and clear comes a knock at the door from a police officer. You are not obligated to answer the door. If, you do answer the door you will be asked consent for officer to enter home. Again, you can deny the request. The constitution does provide for certain 4th amd protections, albeit they have been slayed over the years. Often, in this example the driver invites officer into the home and cooperates. Once the officer establishes through his/her investigation that you are the person identified by witnesses on scene, you will be arrested for OWI or OWVI. One common question that you will be asked is whether you consumed any alcohol since arriving home? In addition to a potential OWI/OWVI charge you will be facing a (6) point misdemeanor Leaving the Scene of an Accident.
If you ever find yourself in an accident, single or multiple car, you must if possible get yourself out of harms way and call 911, do not leave the scene.
For information or representation contact Todd Levitt at 989-772-6000