Legal Question in DUI Law in Colorado

Re: D,u.I.

They can charge you, but can they convict you - I think not. The case law says the minimum needed for DRIVING is actual physical control and that evidence of this can be sitting in driver seat with keys in the ignition. BUT - jury's will look at the total circumstance (for example, a person in parked car with engine on using car for shelter and engine for heat, but with no intent to put car in gear and move, is not driving).

Your case may have had the intent to drive, but you relied on the interlock to tell you if you were safe to drive - it told you that you were not safe to drive, and when police showed up you were considering your options on how to get home - cab, walk, friend, etc.

Re: D,u.I.

Unusual case. Whether or not you were driving is an issue of fact, i.e., you installed the interlock device to prevent driving under the influence. Because the interlock served its intended purpose you could not have been driving. I think you have an excellent argument that that you were not driving and therefore, not dui! Call me if you have questions 303.806.5104

Re: D,u.I.

If you are found to be in actual physical control of your truck while intoxicated, you could be convicted of DUI. It doesn't matter whether the truck was moving, or even parked.

One question to be argued is whether you can be in physical control of a truck that will not start. A whole host of questions need to be answered around that issue, but one thing is virtually certain: you should probably not try to make that argument to the DA or the court without a lawyer.