O'Malley Law Office, P.C. > Fort Collins Colorado Criminal Defense Attorney Blog > DUI and DWAI > Fort Collins DUI / Driving Under the Influence Lawyer | There’s a Tree in Your Grille

Fort Collins DUI / Driving Under the Influence Lawyer | There’s a Tree in Your Grille

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A woman was arrested for Driving Under the Influence, DUI, after hitting a tree and driving around with the 15 foot tree in her grille.
A woman was arrested for Driving Under the Influence, DUI, after hitting a tree and driving around with the 15 foot tree in her grille.
Image Source: FreeDigitalPhotos.net-Praisaeng

I had read all sorts of crazy stories about drunk driving, but this one takes the cake. A woman was arrested for drinking and driving after a police officer spotted a car driving around with a 15-foot tree stuck in its car grille. Click here to see a picture! When questioned about it, the woman stated that she hit the tree in a neighboring town but just kept driving. This woman didn’t do herself any favors when she drove around with a giant ‘pull me over’ tree wedged in her car, and left little work for the officer as the probable cause for arrest was easily found. Along with the DUI charge, the woman may also face Hit and Run Causing Property Damage charges.

Larimer County DUI Attorney | What is the Definition?

The Colorado law definition of Driving Under the Influence in Larimer, Boulder, and Grand County – C.R.S. 42-4-1301 – is:

A person who drives a motor vehicle or vehicle under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, commits driving under the influence. Driving under the influence is a misdemeanor, but it is a class 4 felony if the violation occurred after three or more prior convictions, arising out of separate and distinct criminal episodes, for DUI, DUI per se, or DWAI; vehicular homicide, as described in section 18-3-106 (1) (b), C.R.S.; vehicular assault, as described in section 18-3-205 (1) (b), C.R.S.; or any combination thereof.

Loveland Express Consent Lawyer | What is Express Consent?

In order to be charged with Driving Under the Influence, a person’s blood alcohol content (BAC) must be a .08 or higher. This will be determined through express consent. Any person who holds a Colorado driver’s license is required to provide a blood or breath sample AFTER an arrest. When a Fort Collins police officer first pulls you over, they are looking for probable cause to arrest you. They may ask you to blow into a portable breathalyzer test. This test, along with the other roadside tests are voluntary. You do not have to participate. It is only after a Larimer County Sheriff Deputy arrests you that you must provide a blood or breath sample. If you refuse after your arrest, your license will automatically be suspended for a year, no matter what the outcome of your DUI case is.

[pullquote align=”center” textalign=”center” width=”95%”]Have you been charged with Driving Under the Influence or Hit and Run? Contact the experienced attorneys from the O’Malley Law Office to defend you today![/pullquote]

Fort Collins Duty Upon Striking Unattended Vehicle or Other Property Attorney | Hit and Run Causing Damage to a Tree

The Colorado law definition of Duty Upon Striking Unattended Vehicle or Other Property – C.R.S. 42-4-1604 – is:

The driver of any vehicle which collides with or is involved in an accident with any vehicle or other property which is unattended resulting in any damage to such vehicle or other property shall immediately stop and either locate and notify the operator or owner of such vehicle or other property of such fact, the driver’s name and address, and the registration number of the vehicle he or she is driving or attach securely in a conspicuous place in or on such vehicle or other property a written notice giving the driver’s name and address and the registration number of the vehicle he or she is driving. The driver shall also make report of such accident when and as required in section 42-4-1606. Every stop shall be made without obstructing traffic more than is necessary. This section shall not apply to the striking of highway fixtures or traffic control devices which shall be governed by the provisions of section 42-4-1605. Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense.

Because the woman did not stop to report the accident or find the owner of the tree to report the damage she caused, she could be facing this class 2 traffic misdemeanor.

Request a Free Consultation

If you or someone you love has been charged with Driving Under the Influence, DUI, or Hit and Run Causing Property Damage, 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 today. Together, we can protect your future.

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