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- posted: Aug. 06, 2023
- DUI/DWI
When drivers think about the possibility of being cited for DUI, they typically assume that they must be driving their vehicle in order for it to apply. However, in Colorado, it is actually possible to face criminal punishment for being in your vehicle while intoxicated, even if you are not driving your vehicle at the time.
Colorado law defines driving as having “actual physical control” over a vehicle. It is possible to have “physical control” over a vehicle even when the vehicle is not moving. For purposes of a DUI, a person may be found to have actual physical control of their car, and therefore be driving, even if the car is not in motion. So even if an individual is pulled over on the side of the road, sleeping in their car or in their driveway, if they are in physical control of their vehicle they may still be charged with DUI, assuming all other elements are met. A factor in determining actual physical control is whether there is evidence that you may have intended to drive the vehicle or were driving, such as having your keys in the ignition at the time you are stopped by a police officer.
To avoid a DUI charge, the best thing that you can do is avoid your vehicle altogether if you have been drinking. Call an Uber or a Taxi to get home, or ask a friend for a lift. If you must get in your vehicle for a period of time to take a nap and sober up before driving home, try to leave your keys with someone else during this time. Without your keys, you cannot have physical control over your vehicle and this could help you avoid charges. Being charged with a DUI means potential driver’s license suspension, fines, fees, mandatory education courses and more depending on the circumstances of your arrest and your blood alcohol level at the time.
If you have been accused of a DUI while you were behind the wheel of a vehicle but not driving, you should speak with a DUI defense attorney as soon as possible who can evaluate what defenses may be available. An experienced attorney can help you lessen the impact on your driving privileges.
At the Polansky Law Firm, our criminal attorneys can help advise you on best practices for avoiding a DUI, whether driving or not. If you’ve already been charged with a DUI, we can work with you to identify possible defenses. Please call our Boulder office at 303-415-2583 or contact us online anytime.
