A recent Minnesota Court of Appeals case reinforced the law that you don’t need to be driving to get a DUI. If you are in control of the vehicle, you can be found guilty. In the case at issue, the defendant was asleep in a car that was parked. The court held that because the keys were available, the police didn’t have to prove that the person was actually driving.
Years ago, before "control of the vehicle" was added to the definition of DUI, the question concerned whether the person had been "driving within the last two hours." For the person who was safely just sleeping it off in his or her vehicle, the driving within the last two hours definition made sense. In the recent case, the court was not troubled by the fact that the person had no idea where the keys were when the police questioned him. The fact that the keys were on the dash board was enough for control of the vehicle to exist.
If you are charged with a DUI, it’s important that you talk to an experienced criminal attorney. The defenses may have dwindled, but they should be reviewed and discussed.
