Physical Control
MCL 257.35a — operating includes being in actual physical control of a vehicle
What operating means. Under the vehicle code, to operate means being in actual physical control of a vehicle, whether or not the person is licensed, or causing an automated motor vehicle to move under its own power in automatic mode on a highway or street, whether or not the person is in it.
Why it matters. The code's drunk driving section is written in terms of a person who operates a vehicle, so this definition is what it reaches. That section covers a highway or other place open to the general public, including an area designated for the parking of vehicles.
Whether a person parked with the engine off, or asleep in the seat, was in control of the vehicle is decided on the facts of the case, and is a question for a licensed Michigan attorney.
Sources for this section (2)
- MCL 257.35a — Operate or operating defined
- MCL 257.625 — Operating while intoxicated, and operating while visibly impaired
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Michigan attorney.