Colorado dui defense

Driving under the influence (DUI) or Driving while intoxicated (DWI) is the crime of driving a motor vehicle while impaired by alcohol or other drugs (including those prescribed by physicians), to a level that renders the driver incapable of operating a motor vehicle safely. The name of the offense varies from jurisdiction to jurisdiction.

In Colorado, the term "driving" is not specifically defined by any statute, however, the term "driver" is defined by statute and the courts have used that definition as the starting point in determining what constitutes "driving". "Driver" means "every person...who drives or is in actual physical control of a vehicle." C.R.S. § 42-1-102 (27). In 1986, the Colorado Supreme Court held that this definition, including the "actual physical control" language applies not just to DMV actions, but also to the DUI statute. Brewer v. Motor Vehicle Division, 720 P.2d 564 (Colo. 1986).

Therefore in Colorado "driving" under the DUI statute does not require any movement of the vehicle.

Have you been charged with a DUI, DWAI or other impaired driving charge in Larimer or Weld County? Jill Gookin can represent you in these cases. Jill has many years experience defending people in their DUI case.