Private Property is not a defense to DUI in Colorado
Colorado statutes do not specify that the alleged drunken driving take place on a public roadway. It can occur anywhere in the state...your driveway, a private parking lot, in the middle of a farm.
Challenging law enforcement's entry onto private property
The next step in the analysis is did the officer have a lawful right to enter the private property in order to investigate the alleged offense?
This is obviously a very fact specific argument. Were you parked in a commercial parking lot at 3AM with the engine running or were you parked in your garage with the garage door open and the engine off? Your attorney needs to investigate this issue thoroughly and consider drafting motions to suppress evidence if there was improper actions on the part of law enforcement officials.
As always, consult with an experienced DUI attorney in your jurisdiction
DUI cases are much more serious and complicated than most people realize. They can have far reaching consequences.
Please consult with an attorney BEFORE you go to court!
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