Yes, you can be charged with a DWI for being "in physical control" of the car. This means that you are seated behind the steering wheel and have the ability to put the car in motion. The physical control DWI law is designed to prevent a drunk driver, who has stopped his car and pulled over to the side of the road, from continuing to drive drunk. This will be a 4th degree misdemeanor DWI charge for a first time offense with 0 to 90 days jail and a fine of up to $1,000.00. Probation could be for up to 2 years and your license can be revoked for up to 90 days.
You will need an experienced DWI defense attorney to defend your freedom and protect your reputation. Call Robert J. Shane for the best defense at (612) 339-1024 or visit his website at www.criminallawyerminnesota.com.