You suddenly feel tired after attending a surprise party while driving. You decide to park at the curb and wait until you get your senses back. A police officer suddenly knocks on your window and asks if you are all right. Confident that you have done nothing wrong, you tell them you are just resting a bit. They then ask you if you have been drinking.
What is actual physical control?
In Minnesota, the state can charge you with a DWI (driving while intoxicated) even if you are not driving. The law includes the concept of “actual physical control” of a vehicle, which means showing an intent to drive the vehicle. You can sit in the driver’s seat of a car with the engine turned off and they can still charge you if you fail to pass some specific indicators. They include:
- Slurred speech and the smell of alcohol
- A roadside breath test showing BAC above the legal limit
- Failing a field sobriety test which include walking in a straight line or standing on one leg
- Signs of impairment or decrease in awareness
Law enforcement must consider these other factors in addition to possessing the keys to a vehicle and sitting in the driver’s seat.
Can I avoid getting charged?
Although caught in a tricky situation, some factors may influence the outcome. You could turn off the vehicle and move to the back seat to sleep off the effects of the alcohol. Getting the keys out of the ignition and keeping them away from the control panel while sleeping could also mean you do not intend to drive. You could also inform the officer that you were waiting for a ride to pick you up so you would not have to drive your car to go home.
However, if the officer continues the investigation and finds you under suspicion of DWI, you will need help to sort things out so you do not get in trouble. It’s vital to consult with a lawyer who can support you based on the specifics of your situation.
