You might think you’re doing the responsible thing by pulling over and sleeping it off after a night out. But in Minnesota, that decision could still land you with a DWI charge, even if your car isn’t moving.
This comes down to Minnesota’s “physical control” laws, which allow law enforcement to charge individuals with a DWI if they are found in control of a vehicle while under the influence, even if the engine is off.
What Does “Physical Control” Mean?
Under Minnesota Statute §169A.20, a person may be guilty of a DWI if they are:
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Operating,
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Driving, or
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In physical control of a motor vehicle while under the influence of alcohol or drugs.
“Physical control” is a broad and often misunderstood term. It doesn’t just mean driving, it includes situations where someone could reasonably start the car and drive away.
Real Talk: You Don’t Have to Be Driving
Courts in Minnesota have upheld DWI convictions in cases where:
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The person was asleep in the driver’s seat.
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The keys were within reach, such as in the ignition, cup holder, or even the person’s pocket.
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The vehicle was parked but capable of being driven.
Law enforcement and courts look at the totality of the circumstances, including:
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Where you were sitting in the car
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Whether the keys were accessible
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If the vehicle was operable
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Your intentions (e.g., did you plan to sleep or to drive soon?)
Why This Matters
Imagine this: You’re being responsible. You pull over, turn off the engine, and climb into the back seat to sleep. If an officer finds you and determines you’re intoxicated, you could still be arrested and charged with a DWI—especially if your keys are in the car.
Even if your intentions were good, the law might still see it as a risk that you could drive at any moment.
What Should You Do Instead?
While the best move is always to plan ahead and avoid driving entirely, here are some steps that might reduce your risk if you end up sleeping in your car:
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Don’t sit in the driver’s seat
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Put your keys in the trunk or give them to a sober friend
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Make it obvious you’re not planning to drive
But again, these actions are not guaranteed to protect you from a charge. The best way to avoid a DWI is to not be near your car while under the influence.
Charged While Sleeping in Your Car? Talk to a Lawyer.
If you’ve been charged with a DWI under Minnesota’s physical control laws, you still have options. These cases can be complex and fact-dependent—and a strong defense could make the difference.
At Martine Law, we’ve defended countless clients facing DWI charges under difficult circumstances. Don’t try to fight this alone. Contact us today to discuss your case and start building your defense.