Can I be charged with a DWI DUI if I was not driving?
In Minnesota, you can be charged with a DWI/DUI if you are driving, operating or in physical control of a motor vehicle. The definition of driving is very straightforward. However, operating or being in physical control can be a little more difficult to understand.
In MN, a person can be charged, and possibly even convicted for not actually driving or operating a vehicle. It is contained in the “physical control” aspect of MN DWI laws. Physical control is a situation in which it will depend on the specific facts and circumstances of each specific case. A jury, for example, would have to look at the facts presented to determine whether someone is in a position to easily put the vehicle into motion.
The jury or judge would balance factors such as: where you are sitting in the car at the time you are contacted by law enforcement, where are the keys to the vehicle, is the car running, are you even in the car, is the vehicle a “push start” or not, etc. MN laws punish the ability for someone to drive drunk, even if they never did, and possibly never intended to drive.
Additional facts can also come into play as well, such as: whether the vehicle is inoperable at the time, how the vehicle came to rest in its current situation if driven by another person, etc. Ultimately, the answer is yes. Prosecutors can charge and try to convict you even if you are not driving, if they can prove you were in physical control of the motor vehicle, while under the influence of alcohol or controlled substance.
Read more from our blog: Can you get a DWI even if you’re not driving? and Sleeping Drunk in a Car Can Get You a DWI
