Douglas County Driving Under the Influence Attorney

But I Wasn’t Drinking While the Car Was Moving

Just to be clear, Driving Under the Influence is charged in Castle Rock and Douglas County when a person is operating a vehicle with alcohol in their system. You don’t actually have to be physically drinking alcohol while operating the vehicle to get this charge. You may be thinking, “duh!” but that’s the defense a man presented to an officer who recently pulled him over. According to the report, the man had tapped the bumper of the car in front of him at the McDonald’s drive thru. Police became involved and the man was found to have a bottle of bourbon in the car. When asked if he was drinking, he explained that he had not done any drinking while the car was moving, only when he was stopped at lights or signs. Needless to say, he was arrested for Driving Under the Influence.

Castle Rock Driving Under the Influence Lawyer: Definition of DUI

The Douglas County, Colorado law definition of Driving Under the Influence – C.R.S. 42-4-1301 – is:

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Driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that affects the person to a degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.”

The man would likely also be facing charges for Open Alcoholic Beverage Container because he was driving around with an open bottle of bourbon.

Sentence for Driving Under the Influence of Alcohol in Highlands Ranch and Parker

Driving Under the Influence is a misdemeanor crime, unless you have three previous DUI convictions. If that is the case, then a fourth or subsequent Driving Under the Influence charge is a class 4 felony. The penalties for a misdemeanor DUI vary depending on the number of previous offenses. For a first offense, the penalty range is 5 days to 1 year in the Douglas County Jail with 48-96 hours community service. A second DUI offense heightens the penalties to 10 days to 1 year in county jail and 48-120 hours of community service. The ranges for a third offense include 60 days to 1 year in jail with 48-120 hours of community service.