As we mentioned in a previous Whiteboard Talk, you can get a DWI even if you’re not actually driving a car. That’s because in Minnesota, you only need to be deemed in “physical control” of the vehicle in order to be given a DWI.
As we explained in that blog, “physical control” is a somewhat interpretative term that aims to prevent people from getting in their vehicle if they’ve had too much to drink. The most common case of physical control DWIs that we see are when a person has too much to drink and decides to sleep it off in their vehicle. Since they are in their car and have the keys, even if the car is not running, they are considered in “physical control” of the vehicle and could be charged with a DWI. We’ve challenged these cases in court before and won, but it’s not a situation you want to deal with.
Physical Control On A Boat
Labor Day weekend is right around the corner, and many people will be taking their boats out for one last ride before the season ends. Police have already announced that they will have extra DUI enforcement on the roads and on the lakes through the Labor Day weekend, so make good decisions if you know you’re going to be driving a car or a boat. However, Minnesota’s law about physical control is even more interpretive when it comes to control over a water vessel, so people have a little more wiggle room on a boat. Here’s how Minnesota polices physical control of a boat on the water.
Under Minnesota law, you may be intoxicated while on a boat, even if you are sitting in the captain’s chair, so long as that individual is not exercising control of wheel of the boat while the boat is being propelled by a motor. This means that if you and some buddies are floating in the middle of the lake playing cards and a police officer sees that you are intoxicated and sitting in the captain’s chair, you can’t yet be charged with being in physical control of the vessel. If he sees you drive away, you’ll be in trouble, but if your crew decides to head back to shore and a sober driver switches spots with you and drives, you’re in the clear.
Same goes for tying up at a sand bar. If you drive your boat out to the sand bar and your friends party for a few hours, police can’t arrest you for DWI simply because you are drunk, you’re sitting on your boat and the keys are in your pocket. While this would be considered physical control of a car, it is not considered physical control of a boat. As long as you have a sober party who can legally pilot your boat back to the dock, you’re fine.
That being said, if you are the only one on the boat, and you’re anchored in the center of the lake while fishing and drinking, the fact that you are alone may be enough circumstantial evidence for police to ticket you for DWI. So if you are going out boating this weekend, or if you’re doing any traveling, be smart and don’t get behind the wheel if you’ve been drinking. Let a sober driver take physical control of your vessel and get you home safe. If you end up in trouble this weekend, call us at (952) 224-2277.
