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Labor Day Celebration and a DUI / DWAI

| Sep 7, 2015 | DUI / DWAI |

This time of year, many of us celebrate hard with a special day off work. Labor day is the end of our summer season and many want to end it well by drinking too much. Hopping in the car or on your bike after a day of partying is a sure way to wake up depressed in jail tomorrow with a DUI / DWAI. Drinking and driving arrests in the Denver metro area for Driving While Ability Impaired by Alcohol (DWAI) and Driving Under the Influence of Alcohol (DUI), spike this day.

The Definition of Driving Under the Influence in Denver – DUI

The misdemeanor criminal offense of DUI is different than many traffic offenses in Denver and Douglas County. It has been criminalized much like a theft or assault crime. That is what separates it from traffic offenses such as speeding and stop sign violations. In order to be convicted of DUI / DWAI, the government will need to prove beyond a reasonable doubt that you:

“Drove a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that affects the person to a degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.”

The Definition of Driving While Ability Impaired by Alcohol or Drugs (DWAI) in Arapahoe County

DWAI is: “Driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that affects the person to the slightest degree, so that the person is less able than the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.”

The Colorado Definition of Vehicle for a DUI in Adams County Includes Bicycle or Bike

In Colorado, the definition of Vehicle includes the following:

42-1-102 (112): “Vehicle” means a device that is capable of moving itself, or of being moved, from place to place upon wheels or endless tracks. “Vehicle” includes, without limitation, a bicycle, electrical assisted bicycle, or EPAMD, but does not include a wheelchair, off-highway vehicle, snowmobile, farm tractor, or implement of husbandry designed primarily or exclusively for use and used in agricultural operations or any device moved exclusively over stationary rails or tracks or designed to move primarily through the air.

As crazy as it sounds, you can be arrested in Jefferson County or Golden for the misdemeanor criminal offense of DUI / DWAI for riding your bicycle after drinking. You can be sent to jail for up to a year for riding your bike after drinking. This can cause the loss of your driver’s license after a DMV hearing. So, be careful out there. Colorado police can arrest you and prosecute you for either DUI or DWAI after hopping on your bike for a ride home after a Labor Day party. Read another blog about Colorado’s Persistent Drunk Driver law.

If stopped by police in your car or on your bicycle this Labor Day weekend, never give a statement to officers about where you are coming from, going to, or what you had to drink. You will only be helping them gather evidence against you. Next, call the best DUI / DWAI lawyers at 303-731-0719. Together, we can protect your future.