Man Avoids DUI /DWAI for Kidnapping

Doing whatever it takes to keep yourself from getting behind the wheel drunk to avoid a DUI or DWAI (CRS 42-4-1301) is a good idea, but some measures are too much in Weld County. After a night of drinking in Weld County cities like Greeley, Milliken, and Keenesburg, people lose the ability to think clearly, but many still have a basic understanding of what they should or shouldn’t do. Case in point: after a man became intoxicated and felt he wanted to drive his car, his friends took matters into their own hands by confining his. They taped him up with packing tape and stuffed him in the back of a car to stop him from driving and still get him home safely.

While their intentions were good, they had probably enjoyed a bit too much alcohol themselves and subsequently thought that this idea would be a decent alternative to avoid a DUI or other charges that might accompany it, like Vehicular Assault (CRS 18-3-402), Careless Driving (CRS 42-4-1402), or Reckless Driving (CRS 42-4-1401). They did not realize that neighbors saw their elaborate measures and reported them to the police, thinking there was a kidnapping in progress.

When police pulled them over after they recognized the car from the 911 reports about the kidnapping, the man’s girlfriend, who had drank too much herself, failed a field sobriety test and was arrested. The “kidnapped” man was also arrested because he was not following the officer’s instructions.

The good news is that their plan worked. The man in question is not facing an expensive DUI or DWAI charge. The bad news is he is facing charges because he did not cooperate with police and his girlfriend is now dealing with the DUI. The man’s friends should also be thankful that police did not press charges of kidnapping, which they easily could have done.

If you are pulled over for a DUI or DWAI, be smart, exercise your right to remain silent, and contact the experienced criminal defense attorneys at the O’Malley Law Office at 970-616-6009. Together, we can protect your future.