Legal Question in DUI Law in Minnesota

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?


Asked on 11/09/08, 8:05 am

2 Answers from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

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

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Answered on 11/10/08, 5:11 pm
John Jesperson Minnesota Lawyers - Jesperson Law Offices

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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Answered on 11/10/08, 1:36 am


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