What is physical control? Physical control is more comprehensive than “operate” or “drive.” Minnesota case law determined that for a person to be in physical control of a vehicle, they must have the means to initiate any movement of the vehicle, and they are in close proximity to the operating controls of the vehicle. However, mere presence in or about the vehicle is not enough to demonstrate physical control, rather it is the overall situation that is determinative.
Motor boat in operation? Motor boat in operation does not include a motorboat that is anchored, beached, or securely fastened to a dock or other permanent mooring or a motorboat that is being rowed or propelled by other than mechanical means. See Minn. Stat. 609A.03.
Under the influence? According to Minnesota case law, a person is “under the influence” when a person does not “possess that clearness of intellect and control of himself that he otherwise would have.” The State must prove that the “driver had drunk enough alcohol so that the driver’s ability or capacity to drive was impaired in some way or to some degree.” Thus, some individuals can have a blood alcohol content well below .08 and still be “under the influence.”
Intoxicating substance? An intoxicating substance means a drug or chemical that when introduced into the human body impairs the central nervous system or impairs human audio, visual, or mental process. The term does not include alcohol or controlled substances. See Minn. Stat. 169A.03.