Can I be charged with DUI if the car was not moving?

The car was not moving but I was charged with a DUI

Each year Colorado drivers are charged with driving under the influence and the car they were contacted in was not even moving. Stories exist from drivers throughout the state who were found in a parking lot with the car in park but the driver is still considered driving and is charged with a DUI. There are even situations in Colorado where drivers have been sleeping in their cars and are still charged with DUI. Is this true? Can you be charged with DUI in Colorado and the car not even be moving?

In Colorado you can be charged with driving under the influence even if the car is not moving. Colorado DUI law requires that a driver be in actual physical control of a vehicle for the driver to be convicted of driving under the influence. This does not mean that the car has to be moving or that you even have the car in gear. Actual physical control can be determined by looking at a number of factors. Where was the vehicle found? Where was the driver located at in the vehicle? Were the keys in the ignition? Was the engine running? These and other factors can be used to present a case that the driver was driving the vehicle and should be charged with a DUI. The totality of the circumstances has to be taken into consideration in determining whether or not the driver was in actual physical control of the vehicle.

If you are in Colorado and you are charged with a DUI and the car was not moving you should definitely speak with a defense attorney who handles a lot of drunk driving cases. In Colorado, even though the car was not moving, you are still looking at facing the same possible penalties and consequences associated with a DUI.