Can You Get a DUI in Colorado If Your Car Is Parked? Understanding Actual Physical Control
In Colorado, you don’t need to be driving to be charged with a DUI. Simply sitting in your car while intoxicated can be enough, if you’re found to be in “actual physical control” of the vehicle.
At The Bussey Law Firm, P.C., we regularly defend local residents and visitors against DUI charges, including those stemming from non-driving situations. Here’s what you need to know about Colorado’s DUI laws and how to protect yourself.
What Is “Actual Physical Control” in Colorado?
Under Colorado Revised Statutes 42-4-1301, a person can be convicted of DUI not only for actively operating a vehicle but also for being in “actual physical control” of it while under the influence of alcohol or drugs.
Actual physical control is a legally complicated concept. Courts interpret it to mean that the person has the capability to operate the vehicle, even if they aren’t driving at that exact moment.
Factors that may influence a finding of actual physical control include:
- Whether the engine was running or keys were in the ignition
- Where the person was sitting (driver’s seat vs. passenger seat)
- The location of the vehicle (e.g., parked on the side of the road or in a driveway)
- Whether the person was awake or asleep
- Time of day and the surrounding circumstances
Case in Point: People v. Swain
A pivotal case that helped define “actual physical control” in Colorado is People v. Swain, 959 P.2d 426 (Colo. 1998). In this case, the defendant was found asleep in the driver’s seat with the keys in the ignition and the car running. The Colorado Supreme Court held that this was enough to constitute actual physical control, even though the vehicle wasn’t moving.
The court emphasized that the risk of the individual suddenly putting the vehicle in motion was sufficient to meet the statutory threshold for DUI. This ruling has since been used to support DUI charges in a range of non-driving scenarios, including when someone is sleeping off alcohol in a parked car.
Can You Really Get a DUI While Parked?
If you’re in your car while impaired and a law enforcement officer believes you are in actual physical control, you can be arrested and charged, even if the car is parked.
Let’s say you had too much to drink in downtown Colorado Springs. You decide not to drive, so you get in your parked car to stay warm until you sober up. If an officer approaches and finds you behind the wheel with the keys nearby, or if the engine is running, you could face DUI charges despite your intention not to drive.
Common Scenarios That Could Lead to a DUI While Parked
- Sleeping in the Driver’s Seat: This is one of the most common situations. If you’re in the driver’s seat and the keys are accessible, an officer may argue you’re in control.
- Car Running for Heat or A/C: Even if you’re just trying to stay warm during a cold night, a running engine indicates potential control of the vehicle.
- Pulled Over on the Side of the Road: If you stopped driving but are still in the car, you may be presumed to have been driving under the influence unless proven otherwise.
- Car in Drive or Neutral: Even small technical details, like the gear your vehicle is in, can impact the outcome of your case.
Context Is Important
Colorado law aims to prevent impaired driving by interpreting DUI statutes broadly. That means people who had no intention of driving can still face serious consequences. In practice, officers and courts look at the “totality of the circumstances.” That means no single factor determines guilt. But a combination of details can lead to a conviction.
DUI Defense Strategies in Actual Physical Control Cases
The Bussey Law Firm, P.C. examines every aspect of your arrest to identify weaknesses in the prosecution’s case. Potential DUI defense strategies include:
- Challenging Actual Control: If you were in the backseat, or keys were stored away, we can argue that you weren’t in actual physical control.
- Unlawful Stop or Search: If police did not have probable cause to approach or search your vehicle, evidence may be inadmissible.
- Lack of Intent to Drive: Demonstrating that you had no intention to drive — such as testimony or phone records showing you were waiting for a ride — can support your defense.
- Questioning BAC Testing Procedures: Breath and blood tests must follow strict procedures. Any deviation could render results unreliable.
Every case is different, and the best defense depends on the facts at hand. That’s why it’s so important to find a local attorney who understands the nuances of Colorado DUI laws and court expectations in Colorado, Springs.
What To Do If You’re Charged With a DUI While Parked
- Don’t Assume You’re Guilty: Just because you’ve been arrested doesn’t mean you’ll be convicted.
- Avoid Speaking to Police Without Counsel: Anything you say can be used against you.
- Document Everything: Note where you were, what you were doing, and any witnesses who can support your version of events.
- Contact a DUI Defense Attorney Immediately: The sooner you get legal guidance, the better your chances of a favorable outcome.
Why Us for Colorado DUI Defense
Facing a DUI charge in Colorado is serious, and your choice of defense attorney can make all the difference. At The Bussey Law Firm, P.C., we bring decades of experience, cutting-edge legal knowledge, and relentless advocacy to every DUI case we handle.
Attorney Timothy Bussey is one of only two attorneys in Colorado to earn the prestigious ACS Forensic Lawyer-Scientist Designation, meaning he has advanced training in the science behind DUI testing, from breathalyzers to blood analysis. This allows him to challenge flawed evidence that many other attorneys might overlook.
As a former prosecutor and Air Force Judge Advocate, Mr. Bussey understands both sides of the courtroom. He uses that insight to build strategic defenses, protect your license, and fight for the best possible outcome, whether it’s dismissal, reduction of charges, or winning at trial.
At The Bussey Law Firm, P.C., every client receives a customized defense tailored to their specific circumstances. Whether it’s your first DUI or you’re facing felony-level consequences, we’re prepared to defend your future.
Named among the Best DUI Lawyers in Denver and backed by countless successful outcomes, we’ve earned the trust of clients across Colorado Springs and beyond.
Speak With a Trusted DUI Lawyer in Colorado Springs
Don’t let a parked-car DUI ruin jeopardize your future. At The Bussey Law Firm, P.C., we know how to challenge DUI evidence, protect your driving privileges, and fight for your future.
Call (719) 475-2555 to learn more today.
The sooner you act, the better your chances — let us stand between you and a conviction.
