Answer:
A no-driving defense challenges whether the prosecution can prove that the accused actually drove or exercised sufficient control over the vehicle while impaired.
Colorado DUI law does not always require an officer to see a vehicle moving, but the prosecution still must prove driving or actual physical control. Cases involving a parked vehicle or a person sleeping in a car can raise important factual disputes.
The location of the vehicle, whether it was operable, where the keys were found, the person’s position, and statements about prior driving may all affect the analysis.
If you were not driving, do not assume the charge is unavoidable. A Colorado DUI attorney can examine the evidence and determine whether a no-driving defense applies.