The first element of the crime is "driving," or "operating," a vehicle. This language is intended to describe the level of physical control a person has over the motor vehicle. In Colorado, operating or driving does not require that the vehicle actually be in motion, or even that the engine be running.

A person who is found sitting behind the wheel of a car with the keys in the ignition but the engine turned off may be convicted of driving or operating the car while under the influence if the Court determines that the person was in "Actual Physical Control" of the vehicle, commonly known as "APC."

As used in the drunk driving laws, the term "vehicle" is defined more broadly than just "motor vehicle." Usually, a "vehicle" is defined as anything that carries people or goods: even a bicycle or wheelchair can be a "vehicle." A "motor vehicle" is something powered by a motor or engine.

Legal distinctions such as this are one reason you need an experienced DUI defense attorney to give your case the careful analysis needed to have a fighting chance at a successful defense.

Drunk driving laws are intended to prevent the operation of a powerful and potentially dangerous machine when the operator cannot be in adequate control. Intoxication may be presumed by the fact-finder in one of two ways: (1) a blood alcohol level in excess of a certain amount; or (2) proving that the driver or operator was impaired from the use of alcohol or illegal drugs.

Colorado Law requires a person who is suspected of driving while drunk or using illegal or prescription drugs to give a sample of his or her blood, breath or urine for chemical testing purposes. This law is known as "Express Consent" law.

In Colorado, the blood alcohol level at which a driver may be presumed to be DUI has been lowered to 0.08%. If a driver has a blood alcohol level of between 0.050% and 0.079%, that driver may be presumed to be DWAI.

The results of the test are very persuasive to a jury, although not necessarily conclusive, and can be challenged by showing either that the test failed for some reason such as faulty or malfunctioning test equipment, an improper sampling, or faulty analysis of the sample.

Recently, the penalties for drunk driving have become far more severe than they were in the past. First-time offenders face potential jail time and stiff fines, although often the penalty for a first-time offense will be something less than jail time in exchange for a pre-trial guilty plea.

Repeat offenders are treated more harshly, with substantial fines and mandatory jail sentences that may not be suspended or waived by the presiding judge. State administrative regulations often call for suspension or revocation of a defendant's driver's license in addition to any criminal penalty.

A drunk driving charge is a serious criminal charge. Most of us rely on the ability to drive to do many everyday things, such as getting to and from work, buying groceries, and transporting family members to activities like lessons, medical appointments, and school.

A person who is charged with drunk driving stands an excellent chance of losing his or her driving privileges either temporarily or permanently, and also runs the risk of suffering more severe consequences, such as a fine or a jail sentence.

If you have been accused of a drunk driving offense, contact an experienced drunk driving defense attorney without delay. You can't afford not to have expert counsel on your side — the prosecution does.