Aiden Belville
1 month ago
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DUI charges can lead to serious penalties, including jail time. While driving a vehicle while intoxicated is illegal, it is not the only action that could lead to DWI charges. Defining driving in Minnesota DUI cases is important because it can help reduce or drop charges.
An experienced DUI defense attorney could help you navigate the legal terminology of DUI cases and design a comprehensive defense strategy. With competent legal assistance, you have an opportunity to avoid an unfair penalty.
While the charge is officially called a DWI charge, the actual process of driving a vehicle is not necessary in Minnesota. The definition of driving in DUI cases is replaced with “physical control of the vehicle.” Being in physical control of the vehicle means having the possibility of driving it. This term is much broader than “driving” or “operating.”
Staying inside the vehicle or next to it is not sufficient to prove physical control. However, the court is likely to look at the circumstances of the incident to determine that. Factors they often consider are:
The reason why the definition of driving has changed to physical control is to keep intoxicated people from sitting inside the vehicle anywhere besides the passenger seat.
The broad definition of driving in Minnesota DWI cases creates an opportunity for the legal team to build an effective defense.
The attorney may argue that the defendant had no intention of operating the vehicle. If the person was simply using the car as shelter or resting with no plans to drive, this could cast doubt on whether they were in physical control. Courts often consider positioning and context to evaluate intent.
If the vehicle’s keys were not in the ignition or within reach, the court may decide that the person did not have actual physical control of the vehicle. For example, keys left with someone else may support this defense.
If the car was inoperable due to mechanical failure, the person could not have had control over it. This defense challenges the core idea that the individual could have placed the vehicle in motion.
An attorney could use a combination of a “physical control” defense with other approaches to prove the client’s innocence or reduce the charges.
Defining driving in DUI cases is important for anyone facing DUI charges in Minnesota. Under state law, DWI and DUI are considered the same offense. It involves driving or having physical control of the vehicle while intoxicated with alcohol or a controlled substance. Penalties can depend on the amount of alcohol or drugs in the person’s system, history of previous offenses, and the presence of a minor in the vehicle.
If you were charged with a DUI, even if you were not driving the vehicle, the charge may still stand. Defining driving in Minnesota DUI cases is key to building a strong defense and avoiding unfair punishment.
At BK Law Group, we fight to protect your rights and help you avoid a penalty you do not deserve. Call us for a consultation at any time.
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