Legal Question in Criminal Law in Colorado

The DA must prove you had actual physical control of the vehicle to get a conviction.

Your fact pattern points to no, but there are a lot of important facts not mentioned: Where are the keys? Is the car running? Where is the 'driver?'

Damon is right. Cops will charge things when there is not necessarily proof. But, to be convicted, the DA must prove beyond a reasonable doubt that you had actual physical control of a vehicle (car/truck). This usually means in the drivers seat with keys. Unless the cop or some other witness saw you drive or in the drivers seat, it is unlikely that a jury would find you guilty.