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DUI charges can be confusing. Things can get even more confusing if you were accused of driving, even if you were not actively operating a vehicle. In Minnesota, the legal definition of driving may be broader than many people assume.
In fact, defining driving in Bloomington DUI cases can be especially helpful if you think you are facing unfair charges. These are some key facts you need to know about your case before it even begins. Schedule a consultation with our DUI attorneys to begin exploring defense strategies and learn more about your charges.
In Minnesota, DUI law does not apply only to those caught driving a vehicle on a public street. In fact, the law takes into account the concept of physical control. The concept of physical control means that individuals can be charged with DUI even if the vehicle is not moving, so long as they are the ones with control of the vehicle. Control could include sitting in a driver’s seat or otherwise having the ability to start the vehicle. The goal of these laws is to prevent potential risks to public safety.
Several situations may count as driving or having physical control of a vehicle. For instance, somebody could be charged with a DUI if they are sitting in a parked car with the engine running, sleeping in the driver’s seat with the keys nearby, or being found in a car after pulling over. Even if the car does not move, a driver in Bloomington could be charged with a DUI under this broad definition.
For several reasons, it is crucial to understand the definition of driving in Bloomington DUI cases. The first is expanded liability. People may face DUI charges without ever driving on the road. Additionally, proving intent to drive versus simply using the car for shelter or rest can be a challenge for the defense. Knowing the precision of the language surrounding driving makes a huge difference here.
Knowing the definition of driving is also important for being proactive. For one, individuals eliminate the risk of misunderstanding. Those who believe they are avoiding a DUI by “sleeping it off” in their car can still face charges. Knowing this can prevent this issue from actually occurring.
Several legal defenses can be used to fight back against allegations of DUI. This involves challenging that the individual had physical control, perhaps by arguing that the person did not have an immediate ability to operate the vehicle. Lawyers can argue that the keys were not accessible to the driver, and therefore, the individual did not have control over the vehicle.
In some cases, a lawyer can also argue an alternative explanation for why the defendant had control over the vehicle. For instance, the individual may have been using the vehicle for shelter rather than transportation. A knowledgeable Bloomington attorney could present evidence and arguments to contest the broad use of the word driving in a DUI case.
The role of an attorney involves evaluating the circumstances of an arrest and assessing whether the prosecutor can legally establish that the defendant had control over the vehicle. They could identify weaknesses in the prosecution’s claims and negotiate with prosecutors to reduce or dismiss charges. Ultimately, they help build a strong defense tailored to the unique facts of your case.
Defining driving in Bloomington DUI cases can be helpful for anybody involved in these cases. Misunderstandings can lead to further charges. Contact a lawyer right away to consult about DUI accusations.
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