Legally Reviewed by Shazam Kianpour on August 20, 2026
Hall of Fame catcher Carlton Fisk was arrested for DUI after police reportedly found him passed out in his pickup truck in a corn field, with the engine still running. According to the police report, Fisk declined a blood alcohol test and had an open 1.75 liter bottle in the truck. He was treated at a hospital and later released from jail after posting bail, and was charged with improper lane use and illegal transport of alcohol.
At Shazam Kianpour & Associates, we revisit cases like this one because the underlying legal issues, an open container allegation and a refused chemical test, come up regularly in DUI cases we handle for clients across the Denver area, regardless of who is involved.
Open Container Laws and Why They Matter Separately From a DUI Charge
An open container charge is a distinct offense from DUI itself, and it can apply even when a person is not found to be impaired. Colorado, like many states, restricts the possession of an open alcoholic beverage container within the passenger area of a vehicle on a public roadway. An open container charge can also become relevant evidence in a related DUI case, since prosecutors may point to it as circumstantial support for an impairment allegation, which makes it worth defending on its own terms rather than treating it as a minor add-on charge.
What Happens When a Driver Declines a Chemical Test
In Colorado, refusing a post-arrest chemical test after a lawful DUI arrest carries its own consequences under the state’s expressed consent law, separate from the criminal DUI case itself. A first refusal typically triggers an automatic driver’s license revocation through the Colorado Department of Revenue, and prosecutors can also introduce a refusal at trial as evidence for the jury to consider. This is different from declining a preliminary roadside breath test before an arrest, which generally does not carry the same automatic penalty.
Why Being Found Unresponsive Near a Vehicle Does Not Automatically Prove a DUI Charge
Cases where a driver is found unconscious or unresponsive near a running vehicle raise specific evidentiary questions: how long the vehicle had been stopped, whether the person was actually observed operating it, and what evidence exists connecting the person’s condition to alcohol consumption versus another cause. Colorado law generally requires proof that a person was driving or in actual physical control of a vehicle while impaired, and a defense often focuses closely on what the available evidence can and cannot establish about the timeline of events.
Talk to a Denver DUI Defense Attorney
Whether a DUI case involves an open container allegation, a refused chemical test, or questions about whether someone was actually operating a vehicle, the specific facts and evidence make the difference in how the case should be defended. Contact our office to discuss the details of your situation.
Frequently Asked Questions About Open Container and Refusal-Related DUI Issues
Is an open container charge the same as a DUI?
No. An open container violation addresses having an open alcoholic beverage accessible in the vehicle and can apply regardless of whether the driver is found to be impaired, while a DUI charge requires evidence of actual impairment. The two are often charged together but are legally distinct.
What happens if I refuse a chemical test after being arrested for DUI in Colorado?
Refusing a post-arrest chemical test under Colorado’s expressed consent law typically results in an automatic license revocation through the Department of Revenue, separate from the criminal case, and prosecutors can point to the refusal at trial as evidence for the jury.
Can I be charged with DUI if I was found asleep in a parked vehicle?
It depends on the specific facts. Prosecutors generally need to establish that a person was driving or in actual physical control of the vehicle while impaired, and cases involving an unconscious or unresponsive driver often raise real questions about the timeline and evidence available to prove that element.
Does declining a preliminary roadside breath test carry the same consequences as refusing a test after arrest?
No. Declining a preliminary roadside breath test before an arrest generally does not carry an automatic penalty for a driver over 21 who is not operating a commercial vehicle, while refusing a chemical test after a lawful arrest triggers separate, automatic consequences under Colorado’s expressed consent law.
About the Attorney
Denver Criminal Defense Attorney
Shazam Kianpour has represented clients in more than 10,000 criminal and traffic cases across the Denver area. He is a graduate of California Western School of Law, has been licensed in Colorado since 2004, and holds a Lead Counsel Verification in criminal law covering state felony, misdemeanor, and drunk driving defense.
Written by
Shazam KianpourDenver Criminal Defense Attorney & Founder, Shazam Kianpour & Associates, P.C. — Over 10,000 criminal and traffic cases handled across Colorado.