What You Should Know About Drug Possession and DUI-D Charges
When a Colorado driver aged 21 or older is stopped for driving while ability impaired (DWAI) or driving under the influence (DUI), any subsequent DWAI or DUI charges do not involve allegations about whether or not the driver lawfully consumed the alcohol. To be clear, for adults aged 21 and up, drinking alcohol is a perfectly lawful thing to do, but driving under the influence of it, or while impaired by it, is not. Similarly, if you are stopped and charged with a drug-related DUI, also called a DUI-D in Colorado, you may face charges even if you lawfully used the drug or controlled substance that has resulted in an intoxicated driving arrest.
However, in some cases, if you still have the drug in your pocket, or in a bag or within a vehicle compartment, you could potentially face additional drug possession charges depending on the circumstances.
Lawful Possession of a Drug or Controlled Substance
Many DUI-D charges result from a motorist being impaired or under the influence of a drug or controlled substance that is legal or for which they have a valid prescription. For example, you can face DUI-D charges as a result of using marijuana, or taking a prescription medication for ADHD or anxiety. Even though you can use and possess the drug or medication legally, you can still face charges for driving while impaired or under the influence of one of these substances.
In a similar way, if you are charged with a DWAI or DUI for alcohol, you can have an unopened bottle of alcohol in your possession but cannot have an open container without facing additional penalties. Having an “open container” of alcohol or marijuana is a class A traffic infraction.
Unlawful Use or Possession of a Drug or Controlled Substance
If you are arrested for a DUI-D and you have the drug or controlled substance in your possession, you could potentially face additional drug possession criminal charges under Colorado law if you either do not have a valid prescription for the drug or have more marijuana than is permitted by Colorado law. Under Colorado law, adults aged 21 and older cannot possess more than 2 ounces of marijuana. It is also unlawful to possess any amount of controlled substances without a prescription, or certain controlled substances such as cocaine or heroin.
In some cases, even if you do not have the drug in your possession, you can face charges for the use of a controlled substance. Colorado law makes it illegal to use certain controlled substances, including cocaine, heroin, and even a range of drugs that can be lawfully prescribed when you do not have a prescription, such as Vicodin or Oxycontin. Use offenses are typically charged as level 2 drug misdemeanors.
Contact a Denver Criminal Defense Lawyer
At DeChant Law, we regularly defend clients who are facing charges in DUI-D cases and drug possession cases, and we can speak with you about developing a defense strategy for your case. Contact one of the experienced Denver criminal defense attorneys at DeChant Law today for assistance with your defense.
Sources:
cannabis.colorado.gov/legal-marijuana-use/laws-about-marijuana-use
law.justia.com/codes/colorado/title-18/article-18/part-4/section-18-18-404/
