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.
As the Director for Minnesotans for Safe Driving Sharon Gehrman-Driscoll points out, the trouble with determining how to apply the law is not knowing whether or not people like Fleck would awaken and drive off, potentially causing an accident, or simply sleep it off.
No one wants to be involved in an accident and certainly no one wants to face DWI charges. Whether you were sleeping behind the wheel, getting ready to start the car, or pulling into a parking space, you can be arrested for DWI if your blood alcohol is over the legal limit.
Having an experienced defense attorney can help in a myriad of ways when you are facing such charges. If you find yourself facing DWI charges, call me to discuss your case today.
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