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Driving Under the Influence in Denver | Driving High On Aerosol Whipped Cream?

Posted by Terry O'Malley | Oct 16, 2015 | 0 Comments

People commonly associate DUI's with alcohol in Denver, Jefferson County, and across Colorado. But, you can be charged with a DUI for consuming more than just alcohol. According to a news story, a woman was allegedly “driving high” when she crashed into and knocked over a brick mailbox. Apparently, the woman used cans of aerosol whipped cream to get high, and then started driving. When police arrived at the scene of the accident, they found 13 cans of whipped cream inside of the woman's car, and almost all of them were empty. The woman was also disoriented. In Denver and Douglas County, this woman would be given a Driving Under the Influence (DUI) charge.

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Driving Under the Influence in Denver and Across Colorado

According to C.R.S. 42-4-1301, a DUI is given when someone is driving 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. The woman in the news story was high off of aerosol whipped cream, which qualifies as a drug. One or more drugs, as defined in C.R.S. 42-4-1301(1)(d), includes any drug, as defined in section 27-80-203(13), 18-18-102(5), C.R.S., and any inhaled glue, aerosol, or other toxic vapor or vapors, as defined in section 18-18-412, C.R.S.

Difference Between Driving Under the Influence and Driving While Ability Impaired

Someone is driving under the influence when they:

Have consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs

Are incapable, mentally / physically, or both mentally / physically of exercising clear judgment, physical control or care in the safe operation of a vehicle because of the alcohol or drug consumption.

Someone is driving while ability impaired when they:

Have consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs

Are less able than normal physically / mentally, or both mentally / physically to exercise clear judgment, physical control, or care in the safe operation of a vehicle because of the alcohol or drug consumption.

The woman in this news story was incapable of exercising clear judgment after getting high off of aerosol whipped cream since she crashed into a mailbox and was disoriented.

How DUI's and DWAI's Are Charged in Aurora

DWAI's and DUI's are both charged the same in Aurora and Englewood, Colorado. According to the new DUI law, if someone has had three or more prior convictions of a DUI, DUI per se, DWAI, vehicular homicide, vehicular assault or any combination thereof, that person will face a class 4 felony charge. This is a much harsher punishment than the original punishment of up to a year in the Arapahoe County Jail.

Why You Need the Best DUI Defense Attorneys in Denver

An expert criminal lawyer will investigate all evidence in your case to make sure all evidence supports your DUI charge.

With the new felony DUI law in effect in Denver and across Colorado, more people are facing harsher penalties if they've gotten four or more DUI's or DWAI's. While it's a good idea to enforce safety on the roads, isolating defendants in prison who were convicted of a DUI or DWAI is not always a good idea. People need treatment and extensive help to cure an addiction, not isolation. If you have been charged with a DUI or DWAI anywhere in Colorado, involve an experienced criminal defense attorney as early as possible. An expert lawyer will analyze evidence in your case thoroughly to see that the evidence supports the DUI charge.

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If you or someone you love is facing charges of a DUI or DWAI in Denver, Aurora, or Englewood, Colorado, be smart, exercise your right to remain silent and contact the best criminal defense lawyers at the O'Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.Request a Free Consultation

Image Credit: Pixabay – sherrygaley0

About the Author

Terry O'Malley

Get Help Now! Request a Free Consultation Meet Criminal Defense Attorney Terry O'Malley If you have been charged with a crime, you are probably dealing with strong emotions about your upcoming court appearance. You are struggling with knowing how to choose a trustworthy lawyer to represent you...

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Get Help Now

If you or a loved one is facing criminal charges in the Denver area, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers at O’Malley and Sawyer, LLC at 303-830-0880. Together, we can protect your future. Request a Free Consultation

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