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Can I be arrested for DWI if I was only sleeping in my car?

The surprising answer is “yes”: you can be arrested for DWI even if you are only sleeping in your car. Under Minnesota DWI law a person can be convicted for DWI for merely being in “physical control” of a motor vehicle. It is not necessary to actually drive the vehicle. According to the Minnesota Supreme Court, “a person is in physical control of a vehicle if he has the means to initiate any movement of that vehicle, and he is in close proximity to the operating controls of the vehicle.” State v. Fleck, 777 N.W.2d 233 (Minn. 2010).

David Balmer

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David Balmer established the Balmer Law Office with one overriding goal: provide aggressive, high-caliber criminal and DWI defense for good people facing serious charges throughout the state of Minnesota. Read More

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