As criminal defense attorneys in Elbert County, Colorado, we handle many cases of DUI. DUI is also known as Driving Under the Influence. The interesting part about the law is that although driving is a part of the statute’s name, it is not a required element of the crime. In other words,people can be charged with drinking and driving in Elbert County even if they are not driving. We see these cases all the time. Let’s take a look at what is required to be a crime, why you don’t necessarily have to be driving, and some of the ways that you can fight the charges.
What is DUI in Douglas County, Colorado?
As mentioned above, DUI is called Driving Under the Influence of Alcohol or Drugs. Almost everyone has heard of this crime. It means that if you are driving a car and have had too much to drink, or are actively using drugs, you can be charged with a crime. However, you only have to be in control of the vehicle, not necessarily driving, to be charged. For instance, let’s say that you are in Castle Rock and you went to the local bar. You decide to sleep it off in your car. You turn on the car to run the heater and fall asleep. At that point, a Deputy with the Douglas County Sheriff’s Department pulls up behind you. He wakes you up and sees that your engine is running.Well, you are most likely going to be arrested for DUI.
I Wasn’t Driving My Car in Elbert County and Was Charged with Driving Under the Influence
As in the example above, you don’t have to be driving to be charged with DUI. Instead, you simply have to be in control of your vehicle. ‘In control’ means that you have the ability to drive. In other words, if you have the keys in the ignition and are behind the wheel of the vehicle, then you are in control of it. Another example is when a person has the keys to their car in their pocket in Elizabeth, Colorado and is in the car. Even then, you could be charged with DUI.
How do I beat Charges of DUI with a Criminal Lawyer in Douglas County, Colorado?
There are many ways to beat charges of DUI in Douglas County, Colorado. However, the most important thing is that you have an experienced criminal defense lawyer fighting for you. We know how to fight the breathalyzer, roadside tests, and Douglas County Deputy’s testimony. We can help you navigate the muddy waters of the Driving Under the Influence law in Colorado.
So, if you or a loved one has been charged with DUI in Elbert County, Colorado, call O’Malley and Sawyer at 303-265-1950 to speak immediately with one of our attorneys. Together, we can protect your future.
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