In Minnesota, Driving, operating, or being physical control of a motor vehicle while under the influence of drugs and/or alcohol is against the law. In some circumstances clients are confused as to how they can be charged with a DWI even though they were never driving. However, being in physical control of a motor vehicle while intoxicated, even though there is no evidence you actually operated a motor vehicle is sufficient to convict someone with a DWI.
WHAT IS “PHYSICAL CONTROL” OF A MOTOR VEHICLE?
The term ‘physical control’ includes people found in or near a parked vehicle who have sufficient control or access to control of the vehicle where they could drive or operate the vehicle without too much difficulty. However, merely being in a situation where you could start the vehicle and present a danger to the public or yourself is not sufficient. An officer must have some additional evidence that you have or are about to do something that makes the vehicle a source of danger. Contrary to popular belief, merely having the keys to the vehicle on you or near you may not be sufficient to convict you of a DWI, but the location of the keys is a factor in determining whether you were in physical control of a motor vehicle.
DEFENDING DWI CHARGES
If you have been arrested and charged with DWI where you did not drive or operate a motor vehicle, your best legal defense is to contact Minnesota DWI lawyer Coley Grostyan as soon as possible at 612-747-2254. With a thorough knowledge and understanding of Minnesota alcohol and drug related driving offenses; Coley has the education and experience necessary to fight for the best possible outcome in your case.