Yes, it is absolutely possible to face DWI charges under Minnesota law, even if your car was not in motion and you were simply sleeping in the vehicle.
The way the law is set up, a person cannot be “in physical control” of the vehicle while impaired. This distinction is important because it does not mean that the vehicle has to be moving or that they need to be actively driving the car at the time.
2 examples from previous cases
There have been a number of cases in Minnesota that have upheld the fact that a person could still be in a position to control the vehicle, even when they were not actively driving.
In one case, a person was behind the wheel with an elevated blood alcohol concentration, and they were asleep. Their keys were next to them in the center console of the car. Because they were in the driver’s seat and had the keys readily at their disposal, the court determined that they were still in physical control of the vehicle.
In another case, the person was actually at least 15 feet away from their vehicle when they were discovered. However, the vehicle was running with the keys in the ignition. The court found that the individual was still in physical control of the vehicle.
Your DWI defense options
It is important to understand how DWI laws work in Minnesota, as many people make problematic assumptions, such as believing that the car has to be moving or that their hands have to be on the wheel. If you do find yourself facing serious charges under these laws, you need to know what defense options you have moving forward.
