Allendale, MI asked in DUI / DWI for Michigan

Q: Can you get an OWI for crashing a car into a pole in a gated subdivision where the gates were closed?

The gates are closed after a certain time and require a code to get in. Subdivision has about 150 homes.

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1 Lawyer Answer

A: Short answer is yes. You can get an OWI for operating a vehicle anywhere accessible to motor vehicles. The fact that it was in a gated community requiring a code for entry makes no difference. Otherwise, what would stop any of the 150+ residents from driving drunk whenever they want as long as they stay in the subdivision?

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