Yes, it is possible to receive a DWI/DUI even if you are not driving!
Minnesota law states that it is unlawful for "any person to drive, operate, or be in physical control of a motor vehicle" while under the influence of alcohol or with an alcohol concentration of .08 or more. Minn. Stat. § 169A.20, subd. 1(1), (5).
Recently, the Minnesota Supreme Court in State v. Fleck, upheld a conviction for DWI when the defendant was found in his car sleeping, without the car running, but the keys in the center consol. The Supreme Court decided that Mr. Fleck was in fact in "physical control" of a motor vehicle. This case solidifies a long history of cases that have upheld convictions for DWI when drivers are able to exercise dominion over the vehicle.
What is Physical "Control?"
You will be considered to have "physical control" of a car or motor vehicle if there is a possibility that you could move the car and are in close proximity to the operating controls of the vehicle. A court will look at a series of factors when deciding whether the intoxicated person was in "physical control." Some of these factors include: whether the person was a passenger in the car, operability of the car, location in proximity to the car, the location of the keys to the car. State v. Starfield, 481 N.W.2d 834, 837 (Minn. 1992).
Don't Sleep it Off in the Car!
Call a sober driver if you have had too much to drink. Don't wait in your vehicle until you are sober enough to drive!
Obtain Counsel
If you are charged with a DWI/DUI (whether you are driving or not), it is very important to seek the counsel of an attorney. Call an experienced Minnesota DWI/DUI attorney to discuss your rights.
From the author: Minneapolis DUI/DWI Attorney
