Driving Under the Influence (DUI) is charged in Fort Collins and Larimer County when a person is accused of operating a motor vehicle while under the influence of drugs or alcohol. But, what constitutes operating a motor vehicle? There have been case laws that says even being in the driver’s seat with access to the keys constitutes operating a motor vehicle whether the car is moving or not. Crazy, right? Well, what about if the car is driving itself? Recently, a woman was arrested and charged with DUI after passing out in her moving car – only, the car was a Tesla on autopilot driving itself. It’s not really clear how it all went down, but it seems that the woman’s husband was following her car and called 911 to report that she had passed out and her Tesla was driving itself. Police were able to get the car to stop by stopping in front of it and arrested the woman for DUI.
Larimer County Driving Under the Influence Lawyer: Definition of Autopilot DUI in Colorado
The Larimer County, Colorado law definition of Driving Under the Influence – C.R.S. 42-4-1301 – is:
Under the law, Driving Under the Influence applies when a person’s BAC is .08 or higher. This information is obtained through the expressed consent law. Expressed consent means that by holding a driver’s license in Colorado, you have already given your consent to take a blood or breath test if a law enforcement officer has probable cause to arrest you for Driving Under the Influence. After you are under arrest, the officer is supposed to read a card to you regarding expressed consent and you can choose a blood or breath test. The only exception is if the officer suspects you are under the influence of drugs, then they can require the blood test.
If you or someone you love has been charged with Drinking and Driving or DUI, be smart, exercise your right to remain silent and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule your free initial consultation. Together, we can protect your future.
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