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Published January 22, 2010, 05:28 PM

EGF DUI Conviction Upheld by Supreme Court

This week the Minnesota Supreme Court upheld the conviction of an East Grand Forks man who was convicted of a DUI even though he was not actually operating the car.

This week the Minnesota Supreme Court upheld the conviction of an East Grand Forks man who was convicted of a DUI even though he was not actually operating the car.

The case is creating some controversy, but police say its more common than you think.

The East Grand Forks Police Department says Minnesota law says if your behind the wheel of a car with the keys in the car even if they're not in ignition you can be arrested for a DUI ..

In the case the man was found asleep in his car...which was parked in front of his house. The keys were on the dash. Police say as long as your in control of a car while drinking its against the law.

They say the Supreme court decision gives them more confidence to files charges.

Det. Sgt. Chris Olsen: "I think it probably brings awareness to people who don't actually know about the physical DUI they think if the car isn't running their doing themselves a favor and the society a favor by not driving."

Olson says its more common than you thin. DUI arrests involving people who are not actually driving the car happen about one in every twenty DUI arrests they make.

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