If a person has control of, has access to, or is in possession of the car keys and can turn the vehicle’s engine on at any point or without much difficulty, he or she may be considered to be in physical control of the vehicle. Although a law enforcement official must be able to present additional evidence that shows that the driver and the vehicle may potentially be a source of danger, the location of the keys may be an important factor.
In theory, this very broad legal interpretation of the term “physical control” aims to have a far-reaching effect and discourage intoxicated persons from even thinking about interacting with their vehicle—except as a passenger. In order to prevent a physical control DWI citation, the best plan of action would be to plan ahead and give your keys to a trusted family member or friend and ask them to drive you home. Otherwise, stay away from your vehicle at all costs and call for a cab instead.
Minnesota laws give law enforcement officials discretion when it comes to arresting drivers for DWI. Whether or not a person is in physical control of a vehicle can be a fact-specific question, and it would be wise to consult with a lawyer if you face a possible DWI charge.