What Does It Mean To Be In "Control" of A Motor Vehicle Under Minnesota's DWI Laws?
Being in "physical control" of a motor vehicle under Minnesota's DWI statutes encumpasses a broad range of behaviors. At one point, "actual" physical control of a vehicle was required, but that phrase was removed from the DUI statutes many years back. In order to convict someone for drunk driving, the State must demonstrate beyond a reasonable doubt that the defendant was in "control" of a motor vehicle.
"Control" under Minnesota law means that a driver is: (1) in a position to exercise control over a vehicle; (2) has the means to initiate movement of a vehicle; and (3) is in close proximity to the operating controls of a motor vehicle. The fact that someone is located near a vehicle is not sufficient to establish physical control.
The ultimate question comes down to whether a person is in a position to drive, not whether they actually drove. As a result, an intoxicated individual sitting behind the wheel of a motor vehicle that is not running may still be charged with a DWI. Of course, many unique circumstances may give rise to a legitimate reason for an intoxicated individual to sit at the controls of a car in the absence of an intent to drive, including inclimate weather, sleeping or some other emergency situation. Such cases come down to the intent of the driver and the validity of the surrounding circumstances.
