The Sleeping Driver or Motionless Vehicle and Drunk Driving in Michigan
The short answer for Michigan is YES. For many years, it was the law that a person sleeping in a motionless car cannot be found guilty of operating a motor vehicle. This sound public policy finding of the Supreme Court in People v Pomeroy, 419 Mich 441 (1984) has been overruled. The Pomeroy case found that if you were sleeping, you could not be operating a car given there was no evidence beyond a reasonable doubt that the subject had been driving visibly impaired earlier. This ruling was modified in the case of People v Wood 450 Mich 399 (1995). In that case, the defendant was asleep behind the wheel in a drive-in restaurant. The engine was running, his foot was on the brake and the vehicle was engaged in drive. The court held that even though the defendant was asleep, the vehicle was in a position of posing a significant risk of harm. Therefore, the defendant was considered to be operating the vehicle even though he was asleep and there was no evidence of prior driving while visibly impaired.