Physical Control of a Motor Vehicle
Minnesota DWI laws state that it is a crime for any person to drive, operate, or be in physical control of a motor vehicle within the state when the person's alcohol concentration is 0.08 or more. Most people are keenly aware that if they drive drunk after consuming alcohol they could get into serious trouble. But, people may not understand that they could also be charged with a MN DWI offense by being in "physical control" of a vehicle. The term "physical control" is broad, and incorporates conduct in addition to driving or operating a motor vehicle.
In order to deter people who have been drinking from getting into vehicles, except as passengers, the Minnesota Supreme Court has interpreted MN DWI laws to give the term "physical control" a far-reaching effect. In order to accomplish this purpose, physical control has been defined to cover situations where an intoxicated person is found in a parked vehicle, and without much difficult, could start the vehicle and become a source of danger to himself, others, or property.
When determining whether or not a person is in physical control of a vehicle, a court will examine all of the facts. Minnesota Courts have stressed that the law should encourage drunk drivers to relinquish control of a vehicle to an unimpaired driver. The public policy, behind Minnesota's DWI laws, to prevent drunk driving must be weighed against the driver's intent. Citing one example, a motorist standing at the rear of a vehicle was found to be in physical control when the vehicle had a flat tire, the engine was running, the key was in the ignition, no one else was present, and she owned the vehicle. Whether or not one is in physical control of a vehicle for purposes of being charged with a DUI is a very fact-specific question. But, it is true that the term "physical control" in the Minnesota DWI laws makes it possible to be charged with a Minnesota drunk driving violation even without being inside a vehicle.
The criminal defense attorneys of Appelman Law Firm, LLC know how difficult it is to be charged with a Minnesota DWI offense. Our drunk driving defense attorneys are available to assist you 24/7. Please contact us today and speak with one of our Minnesota DWI lawyers immediately. Call (952) 224 2277.
