You needn't be driving to be guilty of DWI: "[MN} State law says that any person who drives, operates or is in 'physical control' of a motor vehicle with a blood-alcohol concentration of more than 0.08 percent is guilty of a crime. Testing of Fleck showed an alcohol concentration of 0.18 percent, the court said.
The court cited a 1992 ruling saying that 'physical control' includes situations where a drunk person is found in a parked vehicle that might be started and driven."
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