Can I Get a DWI in Minnesota Even if I Wasn’t Driving?
Believe or not, you can be found guilty of a DWI in Minnesota even if you aren’t driving. In fact, the vehicle doesn’t even have to be turned on. Its called physical control and in Minnesota, physical control is enough to find you charged and potentially convicted of a DWI. If you are facing serious DWI charges in Minnesota, make sure you sit down with an experienced Minnesota DWI attorney.
So what exactly is physical control?
Physical control in Minnesota means exercising control or domain over a vehicle. Minnesota courts have concluded that the legislative intent is to prevent intoxicated people access to a car unless you are exclusively a passenger without any possibility of control yourself. Sadly, if the police believe that you may have had control even for a moment, that may be enough to an arrest, a charge, a license revocation and a criminal conviction here in Minnesota. When Minnesota police officers determine whether you may have had physical control, some of the facts they will consider include:
How close the person is to the car;
Where are the keys? In the car? In the ignition? On the person?;
Who owns the vehicle?
Where there was anybody else present;
Whether the person was just a passenger.
When does physical control apply?
Circumstances where the police and prosecutors may argue physical control include:
Asleep in a stopped car on the side of the road;
Standing outside of a car the you own;
Stuck in a ditch and you are the only one around;
Sitting in a car on a cold night in a parking lot with the car running to stay warm.
As you can see, the police will use almost any reason to argue that you have physical control of the car. If you add alcohol or other substances and you may very well see a DWI charge here in Minnesota.
Go with the Best
Because DWIs in Minnesota can come with real jail or prison, real fines, license revocations and even vehicle forfeitures, knowing what is coming at you is critical. Having an experienced Minnesota DWI Defense Attorney could help. Having a Board Certified Criminal Law Specialist by your side may make all of the difference.
Jack Rice is a nationally known and award winning criminal defense attorney. He was just recently awarded the Super Lawyer for 2023. He is a former prosecutor, former CIA Officer and a Board Certified Criminal Law Specialist. He is also the Founder of Jack Rice Defense. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339.