Colorado law prohibits operating a vehicle under the influence of alcohol or drugs. Many people assume that a DUI charge only applies when the vehicle is in motion, but that is not the case every time. The law considers several factors when determining whether someone was in control of a vehicle while impaired.
Physical control of the vehicle
Colorado courts examine whether a person had “actual physical control” of the vehicle. This means that even if the engine is off, a driver may still face DUI charges if certain conditions suggest they were in control of the car. Factors that police consider include whether the keys were in the ignition, the driver’s location inside the vehicle, and whether the car was capable of moving.
Sleeping in a parked car
Many people sleep in their vehicles to avoid driving under the influence. However, police may still arrest someone if they believe the person had control of the vehicle while impaired. Being in the driver’s seat with the keys nearby increases the risk of a DUI charge. Courts may interpret this as an intention to drive, even if the vehicle did not move.
How to reduce the risk of a DUI charge
To avoid DUI charges while sleeping in a vehicle, certain precautions can help. Placing the keys out of reach, sitting in the back seat, and ensuring the car is legally parked can demonstrate a lack of intent to drive. These actions may reduce the likelihood of being charged, but they do not guarantee immunity from arrest.
A DUI charge for sleeping in a vehicle depends on the circumstances of the case. Challenging the charge often requires proving that the driver was not in control of the vehicle at the time. Understanding Colorado’s DUI laws and taking precautions can prevent legal trouble when choosing to sleep in a car after drinking.