Does the motor have to be running and the vechicle moving to get a DUI in Colorado?
You pull over to sleep. You are sitting in your car waiting for a ride. You arrive home and go inside and the officer asks you to step outside. If there is probable cause for a DUI arrest, the wheels don't have to be rolling. Driving is defined as having actual physical control over the vehicle. Here are the (5) factors that determine whether you are driving :
- Where was the vehicle found? Driveway? Side of the road? Parking area?
- Where in the vehicle was the person found? Behind the steering wheel? In the passenger seat? In the back seat?
- Where was the key found? In the ignition? In your possession? Inside the vehicle? Nowhere?
- Was the motor running? Was the hood warm? Was the vehicle disabled or stuck?
- Any other factor indicating physical control of the vehicle. How did the vehicle get to the location?
If you have been drinking and pull over, get rid of the key. Give it to someone. Throw it out the window (spare key at home) or leave it in the vehicle and walk away. You must avoid actual physical control and eliminate the accusation that you can drive away.
Did you get a non-driving DUI in Colorado? Call me immediately (970-871-7400).
"There is a continuing struggle between law enforcement and the consumption of alcohol. Drinking and driving is not illegal. It is only when your driving ability is reduced by alcohol that the accusation is valid. Every case is different; based on different facts. "
-- Larry D. Combs