Extreme DUI Charge for NFL Player

Arizona DUI Law

NFL wide receiver, Michael Floyd, was arrested for a DUI in Scottsdale, Arizona following the Arizona Cardinals loss to the Miami Dolphins last weekend.  Floyd was unconscious, sitting in his running car, when police initially contacted him. It took police multiple tries to wake him. Records released by police indicate Floyd’s BAC was .217.  The legal limit in Arizona is .08.  The high BAC is categorized as a super extreme DUI and exposes Floyd to jail time.

Colorado DUI Law

Arizona’s law seems to be similar to Colorado’s DUI laws in several ways:

  1.  The legal limit for a DUI in Colorado is .08.  A person can also be charged with a DWAI if the BAC is .05 or greater.
  2. A BAC over .200 aggravated or makes a DUI charge more serious.  Specifically, the law requires a minimum mandatory 10 days of jail even on a first offense.  Depending on circumstances, in home detention (house arrest) is possible.
  3. A person does not have to be moving a vehicle to be charged with a DUI.  A person need only be in actual physical control of the vehicle.  In Floyd’s case, even though he was not moving, because he was in a running car, in the driver’s seat, that was sufficient control.  In Colorado, the car does not necessarily have to be running to be in actual physical control.  It is only one factor to be considered.  Generally, the issue is whether the vehicle could easily be put into motion.  For example, if the driver is sitting in the driver’s seat with the keys in his pocket, that may be sufficient to prove actual physical control.

Need a DUI Lawyer?

In situations such as Floyd’s, it is especially important to consult with a lawyer.  First, with a high BAC, the possible consequences are much greater and having a lawyer may help reduce those potential consequences through plea bargaining.  Second, if there are unusual circumstances surrounding the “driving,” it may be that there was not actual physical control and without actual physical control, there is no DUI, so legal analysis of that issue is important.