Stay Far Away from your Car to Prevent a DWI
Every state’s DWI laws are slightly different from one another. How they are applied from county to county can even differ. In Minnesota, you don’t even have to drive to pick up a DWI charge. That’s right a “Driving While Intoxicated” charge without even driving.
According to this story from the Star Tribune Daryl Fleck passed out in his car and was convicted of DWI. According to Fleck’s attorneys he had went out to his vehicle to retrieve something when he decided to take a seat. Being intoxicated, he then passed out.
When the police arrived Fleck was in the vehicle and the keys were in between the seats. Fleck wasn’t even sure initially where he had put the keys. Despite the fact that he was not driving and did not intend to drive, his arrest and subsequent conviction was upheld by the Minnesota Court of Appeals.
The law states that you can be charged with DWI if you have “physical control” over the vehicle when you have a blood alcohol level over the legal limit (.08%). “Physical control” was the term in question here and apparently because the keys were within reach the court found that Fleck was in physical control of the vehicle. read more