Legal Question in DUI Law in Minnesota

Re: Alcohol consumption RV

The government in Minnesota has enacted a legislative scheme which attempts to say, in essence, "if it has a motor, you can be convicted of DWI in connection with it." Think golf cart, canoe with 1/2 horse electric fishing motor, etc.

That said, there have been some cases where the accused was found sleeping in a car in the driveway, where the court found the car was functionally a "domicile" not a vehicle, therefore "not guilty."

In terms of future conduct, the wise course would be to avoid this. If past conduct, you'll pretty much need a good lawyer (like me) to help you research this issue and assert a defense accordingly.

Re: Alcohol consumption RV

The answer depends on the partticular facts of the situation and whether the officer has probable cause to believe thatthe occupant had the ability to operate the motor vehicle. As a result, it depends on such issues as where the vehhicle is parked and why it is there.

If the vehicle is at a "final destination" (such as a campground or, perhaps even a Walmart lot for overnight stay) or if the occupant may not be the driver, there is a very strong defense to a DWI charge.

For a consultation call 612.240.8005 or visit online at dwicounsel.com