One of the questions DUI lawyers in the state often answer is: Can you be charged with a DUI if you’re sleeping in your car? You can face DUI charges in Minnesota even if you are not actively operating your car. The “physical control” law states that anyone with the capacity to drive a vehicle while intoxicated can get arrested and charged with DUI.
The legal definition of a DUI in Minnesota contains specific terms, such as “driving,” “operating,” and “physical control of a car.” Understanding the state’s DUI laws is crucial. That knowledge can help you avoid DUI charges, especially in seemingly innocent acts like sleeping in your stationary car after taking a few drinks.
DUI lawyers at Keller Criminal Defense Attorneys have successfully represented people charged with driving while impaired (DWI) for more than two decades. They will leverage their experience and legal know-how to challenge the legality of your police encounter and the validity of the field sobriety test to get you the best possible outcome. Call us at (952) 913-1421 for a free initial consultation.
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Minnesota DUI Laws: What “Physical Control” of a Vehicle Really Means
A total of 24,324 DWI arrests happened in Minnesota in 2021. Some of these arrests could have involved sleeping in a car while under the influence of alcohol or other drugs. People arrested and charged with DWI for sleeping in vehicles while intoxicated may be surprised by the turn of events, as many assume it’s legally acceptable to sleep it off in the car. In Minnesota, having physical control of the vehicle makes you liable for a DWI charge. But what does “physical control” constitute?
The law specifies that it’s illegal to drive, operate, or have physical control of a vehicle while intoxicated. Intoxication means having a BAC level that exceeds the legal limit of 0.08%. Driving or operating a vehicle means using the car. That doesn’t apply to people who aren’t driving. However, the state’s definition of a DUI also mentions another risk factor: having “physical control” of the vehicle.
You might have had too much to drink and thought of sleeping it off in your car. In such a situation, you risk facing a physical control DUI charge. Physical control covers situations beyond driving or operating a car, including:
- Sleeping in the driver’s or passenger’s seat
- Listening or operating the radio of a parked car
- Standing outside a running vehicle
- Having the keys on you while in the vehicle, even if the vehicle isn’t running
If an officer finds you intoxicated in the above situations, the officer may think that you intend to operate the car. For example, if you’re found sleeping in the driver’s seat, the officer may conclude that you passed out on the wheel while starting the vehicle.
Sleeping in Your Car While Intoxicated: Is It Still a DUI?
In Minnesota, driving a car while intoxicated isn’t the only situation that can get you arrested for DUI. Many courts have ruled against car owners found sleeping in the driver’s seat with the keys in accessible places, such as the ignition console, cupholder, or pockets.
Let’s assume someone finds you sleeping in the driver’s seat and informs law enforcement. The officer finds you sleeping. After investigation, the officer learns that you are impaired. The officer also establishes that you have the keys on you. The law allows the officer to charge you with a DUI based on your position in the car and key accessibility. It doesn’t matter whether the engine was off and cold at the time of arrest.
Will your DUI case go to trial? Most DUI cases don’t reach trial. They are resolved through plea bargains. If your case proceeds to trial, however, the court will focus on two crucial aspects: your position in the car and the location of the keys. Sleeping at the wheel with keys in your pockets enables you to take off at a moment’s notice. That meets the standard of physical control of the car.
Why You Need a DWI Lawyer
“Physical control” may imply wide-ranging circumstances. If you face DUI charges because of sleeping in your car, the prosecution must show beyond reasonable doubt that you were in physical control of the car. Due to the gray area in what constitutes “physical control,” state prosecutors may struggle to prove intoxication in such cases. That gives defendants a chance to challenge the case.
Your best strategy for making a strong defense is to partner with a seasoned and knowledgeable DWI lawyer. A lawyer knows the difference between DUI and DWI in Minnesota.
The prosecution will rely on subjective evidence to prove impairment if you did not undergo a chemical test. Your lawyer can weaken the prosecution’s case by arguing that the arresting officer’s observations were prejudiced.
Minnesota is an “implied consent” state. That means that every driver is legally mandated to agree to sobriety tests. Traffic patrol officers must conduct sobriety tests following specific legal procedures. An advantage of seeking legal services is that a Minnesota DUI lawyer will evaluate how the cops conducted the tests. If the officers broke any laws, your lawyer can challenge the reliability of such evidence and push to have it excluded from the case.
A DUI conviction can have severe legal consequences. They include vehicle forfeiture, driver’s license suspension or revocation, license plate impoundment, jail terms, and costly fines. Another downside of such a charge is that DWI stays on your record for your entire life. A record can dent your civic standing. It can lock you out of huge employment and housing opportunities. That’s why it’s critical to avoid a DWI conviction at all costs. Retaining an experienced DWI lawyer is your best shot at mounting an effective defense and avoiding a conviction.
At Keller Criminal Defense Attorneys, we pride ourselves on providing client-focused and reliable criminal defense services. Our lawyers comprise former prosecutors who understand the tactics used by the prosecution. You need such a lawyer to mount a strong defense and win the case. Contact us to schedule a free consultation.
