You had a long night out and decided not to drive home. Instead, you climbed into your parked car to sleep it off. That appears to be the responsible decision. However, in Minnesota, police can still charge you with driving while impaired (DWI) simply for being in a car while intoxicated.
What physical control means under Minnesota law
Minnesota law does not require you to be actively driving to face a DWI. Officers can charge you if you are in ‘physical control’ of a vehicle while under the influence of alcohol or drugs. This means having the ability to start and move the car while being in close proximity to its operating controls. Even with the engine off and the car parked, you could still meet this legal definition.
Factors that can raise your risk of a DWI charge
Since physical control hinges on the specifics of your situation, not every parked car looks the same to law enforcement. Officers assess several key details to determine whether you had physical control of the vehicle, such as:
- Where you sit: Sleeping in the driver’s seat is the highest risk position, as it suggests you were ready to operate the vehicle.
- Where your keys are: Having your keys in the ignition or anywhere inside the passenger compartment is one of the most common reasons officers make a DWI arrest.
- Whether the engine is running: Keeping the engine on for heat or air conditioning signals to officers that you intended to use the vehicle.
- Where you park: Stopping in a public parking lot or along a road poses a greater risk than parking legally in a private driveway.
Understanding these risk factors makes it easier to take the right precautions before you fall asleep in your car.
Simple steps to sleep off alcohol without extra risk
This is why being deliberate about how you settle in for the night can significantly influence how law enforcement views the situation. Here are the steps you can take before you fall asleep:
- Move to the backseat: Sleeping away from the driver’s seat shows that you had no intention of operating the vehicle.
- Stow your keys away: Placing your keys in the trunk or outside the vehicle entirely removes any suggestion that you were ready to drive.
- Turn the engine off: Shutting the engine down eliminates any sign that you planned to use the car.
- Park in a legal spot: Choosing a designated parking area, rather than pulling over on the side of a highway or active road, reduces the appearance that you were driving and stopped.
Taking these steps can help demonstrate that you made a responsible choice. However, an officer can still charge you even when you do everything right.
Don’t let a parked car ruin your future
With Minnesota’s DWI laws reaching further than most people expect, a parked car can place you in a more precarious legal position than you might think. Thus, knowing your rights and understanding how the law defines physical control are your strongest assets on the road.