Many people assume a DUI charge in Weld County requires the police to actually witness someone driving. That’s a common misconception, and it’s one that catches a lot of Greeley residents off guard. Under Colorado law, you don’t have to be driving a vehicle to face DUI or DWAI charges. You only need to be in “actual physical control” of it.
Weld County DUI Lawyer: What Does “Actual Physical Control” Mean?
Weld County courts look at the totality of the circumstances to decide whether someone was in actual physical control of a vehicle. This can include factors like:
- Where the vehicle was located
- Whether the engine was running
- Where the keys were (in the ignition, in a pocket, etc.)
- Whether the person was in the driver’s seat
- What the person’s intentions appeared to be
This means someone who pulls into a parking lot to “sleep it off” after drinking, or who sits in a running car to warm up before deciding whether to drive, can still be arrested and charged with DUI, even if the car never moved an inch.
Attorney for DWAI Charges in Greeley: Why This Matters in Weld County
Greeley and the surrounding Weld County area see a fair amount of late-night traffic stops, particularly near bars, restaurants, and along busy corridors like 10th Street and US-34. Local law enforcement, including Greeley PD and the Weld County Sheriff’s Office, are trained to look for signs of impairment even when a vehicle is parked. A person resting in a parked car, especially with the engine on, can still trigger an investigation and ultimately an arrest.
Charged with DUI or DWAI in Windsor, Erie, or Evans? Call O’Malley Law Office Today!
If you’re charged with DUI or DWAI based on actual physical control rather than actual driving, the case can still carry the same serious penalties as a standard DUI conviction, including license consequences, fines, and potential jail time. Because these cases often hinge on specific facts and circumstances, anyone facing this type of charge in Greeley or elsewhere in Weld County should take it seriously and understand exactly what they’re up against.
If you’ve been charged with DUI or DWAI, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.
Photo by Ivo Mukkulainen