Can a DUI arrest take place if I am in a parked car?
DUI usually attract lots of frequently asked questions (FAQ) because of the seriousness attached to it in the US. The law is believed to ensure the safety of public road users hence reduction of preventable deaths in the country. The law is often more difficult in some states within the federation than others. Colorado is one of the states with tough DUI laws and penalties. Therefore
- Can I get a DUI in a parked car?
- Can I get a DUI if I sleep in my car?
- Can I get a DUI if my car is not on?
- Can I sit and drink in my car? And lots more
We believe that all of these questions are usually asked to shed lights on situations that could warrant DUI arrest such that each and every driver would be abreast of their rights to keep their road use privileges intact.
In our years of experiences representing people for DUI cases in Colorado, we have seen drivers charged for DUI in every possible ways. This makes a lot of people approach us with surprising questions like if they can get arrested or convicted for DUI in a parked car. Some would even argue that they do not think that should happen because they are not driving at the moment. However, the law is the law and its power must stand.
DUI arrest in a parked car
The truth is that the police can and in most cases likely arrest you if you are drunk in a car whether parked or moving. The standard of arrest is a possible cause and not necessarily an aftermath. So it is easy to believe that a drunken person in a parked car is a potential DUI causal. Another fact worthy of note is that the police could assume you drove the car to its current location in that current physical state of impairment and high BAC. Such arrest however doesn’t necessarily transmit to a conviction. This is especially factual when you can secure the service of an experienced Colorado DUI attorney to defend your case.
DUI conviction in a parked Car
Forget probable cause being the standard of arrest. A prosecutor must be able to prove beyond reasonable doubts that you have operated a vehicle at the time of arrest to become convicted of the crime. He must also be able to situate convincingly that your level of impairment and ‘under influence’ status is to a degree which rendered you incapable of safety, control and judgment while operating the motor vehicle.
DUI Defense in a Parked Car
There are two ways this kind of DU arrest can be challenged or defended. It is easy to argue that the police, perhaps the state cannot prove that you are operating the car at the time of arrest beyond a reasonable doubt. Well, operation can be defined as merely turning the vehicle on or revving the engine. However, judges usually want an attestation that he car is in motion or have moved. Given this, the state may find it impossible to prove beyond a reasonable doubt that you operated the car as require in Colorado DUI law.
In the other defense practice, it could be likely possible for the state to prove beyond a reasonable doubt that you actually operated the parked car. For example, if you have been arrested on a highway in a parked car, the judge may infer that you have driven the car to the spot of arrest
However, the case could still be defended using a hybrid defense strategy. Even though the prosecutor could prove operation of the vehicle beyond reasonable doubts through whatever inference, they must be able to prove as well that you are under influence or impaired as at the time of police arrest and interaction with the operator. If the time of impairment cannot be properly linked with time of actual vehicle operation, your defense attorney could argue that the judge should pronounce you not guilty.
You need a DUI attorney
Whatever defense strategies you want to contest a DUI charge with in this case, it might never be easy for you as an individual without legal background. In fact, if you have a legal background or you are a lawyer, it is very obvious you can never be a judge in your own case. Your lawyer’s area of focus must also be DUI to stage an excellent defense. Overall, you need an experienced DUI attorney in Colorado to get a great judgment for you.
