Can I Get A DWI When I’m Not Driving?
Minnesota’s laws on Driving While Intoxicated (DWI) are strict and expansive, extending beyond the act of driving to include being in “physical control” of a vehicle. This broad scope has significant legal implications for individuals who might not even be driving when charged with a DWI. Understanding these nuances, especially the legal definitions of “operating” and “physical control,” is critical for navigating the complexities of Minnesota DWI laws.
In our previous post, we discussed the alarming number of individuals who receive DWIs the day after drinking. Many believe they can “sleep it off” by sleeping in their car overnight, only to wake up and drive away, feeling fit to drive. We strongly advised against sleeping in your vehicle. This post explains why.
We’ve had countless clients who have come to us after being arrested for DWI when they were not actually driving. The facts have varied considerably. At one extreme, some were seated in the driver’s seat while the car was running. At the other end of the spectrum, people were sleeping in the back seat with no intention of driving. The circumstances are all over the place. So what conduct violates the law?
Minnesota’s Broad Definition of DWI
Minnesota Statute § 169A.20 makes it a crime to “drive, operate, or be in physical control” of a motor vehicle while under the influence of alcohol, drugs, or other intoxicating substances. This broad language means you do not have to be actively driving to be charged with a DWI.
The law itself doesn’t define “operate” or “physical control.” Unfortunately, the jury instructions have liberally construed these terms—something that should NOT be done in criminal cases. In our opinion, the current jury instructions have bastardized the law to such an extent that they do not accurately reflect the plain meaning of the statute.
Jury Instruction Definitions:
Criminal Jury Instruction, 25.01, Driving Under the Influence of Alcohol, provides definitions of “operator” and “physical control” not contained in the statute.
*** BEFORE READING FURTHER: Imagine what you think “physical control” of a motor vehicle should be defined and what conduct it should cover, and think of a few scenarios. ***
- To “Operate”: means to perform any act that causes a motor vehicle to function or controls the functioning of a motor vehicle. This can include starting the engine, engaging the gears, or even simply steering the car while it is in motion.
- “Physical Control”: when the person is present in the vehicle and in a position to direct its movement or keep it restrained, regardless of whether the engine is running. A person can be in physical control simply by being in the driver’s seat with access to the keys, even if they have no intention of driving.
The Controversial Jury Instructions
The Minnesota jury instructions provide specific guidance on determining whether someone was in physical control of a vehicle. They state that the jury may consider factors such as the defendant’s location in or by the vehicle, the location of the ignition keys, whether the defendant had been a passenger, ownership of the vehicle, and whether the vehicle was inoperable or could become operable to pose a danger. However, these instructions do not accurately state the law and expand the definition of physical control beyond what the statutes read.
Issues with Jury Instructions:
- Overbroad Application: The instructions suggest that physical control can be established based on a broad set of factors, including the mere presence in the vehicle or proximity to the keys, if the person had no intention of driving, and was merely a passenger. This interpretation can lead to individuals being convicted simply for sitting in their car while intoxicated, even if they had no plan to drive.
- Potential Misapplication of the Law: The instructions imply that physical control exists whenever a person could potentially operate the vehicle, which may not align with legislative intent. Courts have emphasized that the risk of the vehicle becoming operable and posing a danger is a critical factor, but these instructions could lead to convictions based on speculative or minimal risk.
- Confusion Among Jurors: Because the instructions are broad and subjective, they may confuse jurors who struggle to understand when physical control begins and ends. This confusion can result in inconsistent verdicts and unfair convictions.
The Real-Life Impact of the Physical Control Doctrine
The expansive nature of Minnesota's DWI laws means that even well-intentioned decisions, such as sleeping in your car after drinking to avoid driving home, can result in a DWI charge. Cases have arisen where individuals who chose to "sleep it off" were still charged because they had the keys in the ignition or were otherwise deemed in control of the vehicle.
A good example is a recent case the Minnesota Court of Appeals decided last month. In State v. Nelson, police arrested an impaired man who was merely sleeping in his back seat. The keys were found outside the vehicle in the rear passenger side wheel well. The trial court dismissed the case for lack of evidence. The state appealed. The court of appeals said there was ample evidence of physical control to bring the case to a jury. *headpalm*
Fortunately, a jury may still find the person not guilty, but these jury instructions tilt the playing field in favor of the government.
Navigating Minnesota’s DWI Landscape
Given the broad definitions and potential pitfalls in Minnesota DWI cases, it’s crucial for individuals to understand that being in or near a vehicle while intoxicated can have severe legal consequences. Here are a few practical tips:
- Avoid Sitting in the Driver's Seat: If you must be in your car, sit in a passenger seat or the back seat, and keep the keys out of the ignition.
- Have No Keys: If you must sleep in your vehicle, ensure the keys are nowhere in or around the vehicle.
- Electronic Vehicles: Many electric vehicles pose a different problem. They can run even without keys or permit a car heater to keep the car warm. Any “running” of vehicle systems, such as a heater, radio, or air conditioning, increases the odds of getting arrested for DWI even when you don’t have the keys!
- Seek Legal Representation: If charged with a DWI under the physical control doctrine, consult an attorney who understands the nuances of Minnesota DWI laws and can challenge improper jury instructions or overbroad applications of the law.
Conclusion
Minnesota’s DWI laws are rigorous, and the jury instructions on physical control are often painted with a broad brush, sometimes overstating the law. Understanding these legal nuances is essential for anyone facing a DWI charge. If you or someone you know is in this situation, seeking legal advice is vital to ensure that the law is applied correctly and fairly.