Yes, you can potentially face a DUI charge in Colorado while sleeping in your car, even when a police officer never sees the vehicle moving. Colorado courts have recognized that driving under the DUI statute can include having actual physical control of a vehicle. That does not mean sleeping in a vehicle automatically makes you […]
Category Archives: DUI
A DUI arrest in Colorado can become more serious when a child is riding in the vehicle. Colorado does not create a separate offense called “DUI with a child passenger,” but prosecutors may add a child abuse charge if they believe you unreasonably placed a child under 16 in a situation that threatened the child’s […]
Fall festivals in Denver can mean crowded parking areas, heavier pedestrian traffic, temporary traffic controls, unfamiliar routes, and more driving after dark. A DUI investigation may start with something unrelated to alcohol or drugs, such as speeding, a lane movement, a missed signal, an equipment problem, a registration issue, or a sobriety checkpoint. If an […]
Driving in Colorado while your license or driving privilege is restrained because of a DUI can lead to a separate driving under restraint charge under Colorado Revised Statutes section 42-2-138. A DUI-related violation under section 42-2-138(1)(d) is a class 2 misdemeanor traffic offense. For a first conviction, the general class 2 misdemeanor traffic sentencing range […]
Colorado DUI law applies to marijuana edibles the same way it applies to other forms of cannabis. You can face DUI or DWAI allegations when THC affects your ability to drive safely. A whole-blood result of five nanograms or more of delta-9 THC per milliliter creates a permissible inference that you were under the influence […]
You can be charged with DUI in Colorado even when you have not consumed a drop of alcohol. Colorado law applies DUI and DWAI laws to impairment caused by alcohol, drugs, or a combination of substances. That can include marijuana, prescription medications, and certain over-the-counter drugs. Hebets & McCallin P.C. represents Colorado drivers facing DUI […]
A Colorado DUI involving property damage can create several legal issues at the same time. You may face a DUI, DUI per se, or DWAI allegation, possible traffic charges connected to the crash, restitution for qualifying losses, insurance claims, and a separate Colorado DMV process. If you left the scene or struck unattended property, Colorado […]
Fall football tailgates in Colorado can combine several hours of drinking with crowded parking lots, late kickoffs, heavy postgame traffic, and the mistaken feeling that you are sober enough to drive. Colorado does not have a separate tailgate DUI offense. The same DUI, DWAI, DUI per se, chemical testing, and driver’s license rules can apply […]
Yes. You can be charged with DUI, DWAI, or DUI per se for riding an electric scooter in Denver when the facts meet Colorado’s impaired-driving laws. Colorado Revised Statutes § 42-4-1301 applies to a person who drives a “motor vehicle or vehicle” while under the influence or while ability impaired. Colorado’s statutory definition of “vehicle” […]
Yes. You can be charged with DUI or DWAI in Denver even when police find you asleep in a parked car and never see the vehicle moving. Colorado defines a driver as a person who drives or is in actual physical control of a vehicle. In People v. Swain, the Colorado Supreme Court confirmed that […]