Physical Control DWI

Home – Practice Areas – Blogs - Physical Control

Minnesota’s DWI Law Covers More Than ‘Driving’

Under Minnesota’s DWI laws, a person can be charged, tried, and convicted of DWI if the state can prove that they were driving, operating, or in physical control of a motor vehicle while under the influence of alcohol or a controlled or hazardous substance, with a prohibited alcohol concentration of .08 or more or with the presence of certain controlled substances in their system.

While the definition of ‘driving,’ and ‘operating,’ is largely straightforward, physical control cases are often based on several factors that cover the broadest range of prohibited conduct under Minnesota’s DWI laws and can be a trap for the unwary.

Minnesota courts have found that a person can be deemed to be in physical control of a motor vehicle if they are in a position to exercise domain or control of the vehicle without too much difficulty.

Accordingly, courts have found persons to be in physical control of their vehicles while sleeping in the vehicle, being found outside the vehicle or even as a passenger in the vehicle.

Some examples of Physical Control Resulting in a DWI:

• A person was convicted of DWI where the physical control evidence was that he was asleep behind the wheel of his vehicle with the keys in the console;
• A DWI conviction was upheld by the Minnesota Court of Appeals on physical control grounds even though he was 15-20 feet from his vehicle because the keys were in the ignition and the engine was running.
• A passenger who momentarily grabbed and turned a steering wheel was found to be in physical control of a motor vehicle.

Minnesota courts have determined that the legislature passed the physical control portion of the DWI statute as a legitimate public safety measure to deter intoxicated persons from getting into vehicles except as passengers. The physical control law also allows law enforcement to stop drunk drivers before they begin a dangerous and perhaps fatal journey.

There are several nonexclusive factors that courts look to determine whether a person is in physical control of a motor vehicle, including

• the person’s proximity to vehicle (inside or outside, distance from the vehicle, etc.);
• location of the vehicle’s keys;
• whether the person was a passenger in the vehicle;
• whether the person was the vehicle’s owner; and
• whether or not the vehicle was operable.

Again, the legislative intent of the Minnesota’s DWI law is to prevent intoxicated persons from entering a motor vehicle for any reason other than as a passenger. If there is any suspicion by law enforcement that a person could possibly drive the vehicle in an inebriated state, then it is likely that a DWI arrest, criminal charges, and a license revocation will follow.

At Halberg Criminal Defense, our team approach puts the firm’s collective knowledge and experience in your corner. Our attorneys are available 24-7 — Call us at 612-DEFENSE (612-333-3673).

Related Topics

• DWI Accident Lawyer
• DWI Administrative Penalties
• DWI and Drugs
• DWI Information
• DWI Ignition Interlock Device
• Understanding the DWI Process
• Felony DWI
• Consequences if You Refuse A Blood or Breath Test