Physical control of a motor vehicle
If I am parked in my motorhome, spending the next couple nights, consume alcohol can I be charged with a DUI?
2 Answers from Attorneys
Re: Physical control of a motor vehicle
A charge is a claim or accusation. Could it be possible? Sure. I had a case similar to this. If this has not happened yet, avoid the risk. If it has already happened, if I have a case like this, one thing I look at is whether the parked motorhome was merely a shelter, as well as whether it was operable as a motor vehicle at the time -- among numerous other potential defense issues.
FFI: http://www.liberty-lawyer.com/dwiduidrivingrelated.html
Re: Physical control of a motor vehicle
The short answer is, yes -- if the motorhome is operable, is on a street or parking lot, and is not fixed to its location. If you are at a designated campsite, (eg, a KOA with hookups) you would not likely be charged. But if the vehicle is on a street or parking lot, and can be moved, you are in possession and control of the vehicle as a matter of law and could be charged.
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1984 dwi 84 dwi gross misd, law change 2000(16yrs), recharged 2008 (+8 yrs) Asked 10/15/08, 11:58 am in United States Minnesota Drunk Driving & DUI Law