Most people assume you have to be caught driving to be charged with DWI. But under Minnesota law, that’s not always true. You can be arrested and convicted of Driving While Intoxicated (DWI) even if your car never moved.
At Martine Law, we’ve seen many cases where drivers were charged simply for being behind the wheel—or even sitting in a parked car, while impaired. Understanding how and when this can happen is crucial to protecting your rights and avoiding serious consequences.
What Minnesota Law Says About DWI
Under Minn. Stat. §169A.20, a person is guilty of DWI if they:
- Drive, operate, or are in physical control of a motor vehicle,
- While under the influence of alcohol, a controlled substance, or a combination of both.
That key phrase—“physical control”—is what allows prosecutors to charge someone with DWI even when the vehicle wasn’t moving.
What Does “Physical Control” Mean?
Minnesota courts interpret “physical control” broadly. It means having the ability to start and operate the vehicle, even if you don’t actually drive it.
You may be considered in physical control if:
- You’re sitting in the driver’s seat with the keys nearby or in the ignition.
- The engine is running while you’re parked.
- You’re sleeping in your car while intoxicated.
- The keys are in your pocket, but you could start the car at any time.
The idea behind this law is prevention—the state wants to stop impaired individuals from being in a position to drive, even if they haven’t yet done so.
Real-World Examples of DWI Without Driving
Here are a few scenarios where Minnesota drivers have faced DWI charges without actually driving:
- Sleeping it off in your car: You pull over to rest after drinking but leave the keys in the ignition or your lap.
- Sitting in a parking lot: You wait in your car for someone to pick you up, but the officer believes you intended to drive.
- Car running for warmth: You start the engine to stay warm while parked outside a bar or friend’s house.
- Car stuck or stalled: You’re in a non-moving vehicle, but police determine you were operating it earlier while impaired.
In all these situations, the police can argue that you had physical control of the vehicle. And that’s enough for a DWI arrest.
Don’t let a simple mistake ruin your reputation, call us today and get expert legal assistance.
What Prosecutors Must Prove
To convict you of DWI without driving, prosecutors must prove beyond a reasonable doubt that:
- You were under the influence of alcohol or drugs; and
- You were in physical control of a motor vehicle.
Evidence they may use includes:
- Your location in or near the car
- Where the keys were
- Whether the engine was running
- Witness statements or surveillance footage
- Your statements to police
Because these cases rely on interpretation, your defense lawyer can often challenge the assumptions behind the arrest.
Legal Defenses for DWI Without Driving
Being charged with DWI in a parked or stopped vehicle doesn’t mean you’re guilty. Several defenses may apply, depending on your situation:
1. No Intent to Drive
If you never intended to drive—for example, you planned to sleep it off or wait for a ride—your lawyer can argue that you did not have “physical control” in the legal sense.
2. Keys Not Accessible
If the keys were not in the ignition, not on you, or were stored in a place where you couldn’t easily reach them (like the trunk or glovebox), it’s much harder for prosecutors to prove you had control.
3. Improper Police Procedures
Police must have probable cause to approach and arrest you. If you were parked legally and not causing a disturbance, the officer’s actions could be challenged as unlawful.
4. Unreliable Field or Chemical Tests
Breath, blood, and urine tests can be flawed. Your attorney can review the testing procedures and chain of custody for errors that could invalidate the results.
5. Actual Physical Control Was Lost or Broken
If you gave your keys to someone else, arranged a sober ride, or were physically unable to drive, you were not in control of the vehicle.
Penalties for DWI in Minnesota
Even if you weren’t driving, a DWI conviction carries the same penalties as if you had been.
Depending on your record and blood alcohol level (BAC), penalties can include:
- First offense: Up to 90 days in jail and a $1,000 fine
- Second offense: Up to one year in jail and a $3,000 fine
- Third or subsequent offenses: Felony charges with multi-year prison terms
- Driver’s license suspension or revocation
- Vehicle impoundment and whiskey plates
- Mandatory chemical dependency assessments
The penalties are detailed under Minn. Stat. §169A.275 and related statutes.
What To Do If You’re Arrested in a Parked Car
If you’re arrested or charged with DWI while parked, remember:
- Do not admit to driving or intending to drive.
- Stay calm and polite, but avoid answering detailed questions without a lawyer present.
- Contact an attorney immediately.
The sooner a DWI defense lawyer reviews your case, the better your chances of suppressing evidence, reducing penalties, or having charges dismissed entirely.
How Martine Law Can Help
At Martine Law, we’ve defended many clients charged with DWI under “physical control” laws. We understand the gray areas that make these cases unique—and we know how to use them to your advantage.
Our attorneys will:
- Review whether police had probable cause to arrest you
- Analyze your BAC results and testing procedures
- Argue that you were not in physical control of the vehicle
- Challenge weak or circumstantial evidence
You don’t have to accept a DWI charge just because you were in your car.
If you’re facing a DWI charge in Minnesota, even if you weren’t driving, contact Martine Law today for a confidential consultation.
We’ll help you understand your rights and build the strongest defense possible. Call now