Here is the Appellate Court decision. http://www.michbar.org/file/opinions/appeals/2016/041916/62491.pdf
What’s bizarre is - per the article - TWO courts have already dismissed this charge.
Who keeps appealing it?
From your link....
The prosecution charged defendant with operating while intoxicated, MCL 257.625(1).
The statute provides in relevant part:
A person . . . shall not operate a vehicle upon a highway or other place
open to the general public or generally accessible to motor vehicles, including an
area designated for the parking of vehicles . . . if the person is operating while
intoxicated.
I believe the key phrase here is "including an area designated for the parking of vehicles".
His driveway may very well be private property. But is most certaiinly is such an area that one cannot drive while intoxicated.