Denver DUI Drug Lawyer
It is illegal to drive under the influence of drugs in Colorado. Those who violate the law, and get caught, will be arrested and charged with DUI-D (driving under the influence of drugs). Even though cannabis has been legalized, this law applies to marijuana as well. The consequences of DUI drugs are usually the same as driving under the influence of alcohol. This is, to say, that the penalties are harsh, and you need an experienced Denver DUI drugs lawyer to ensure that you are not railroaded by an overly zealous prosecutor. At DeChant Law, Denver DUI drugs lawyer Reid DeChant has helped countless clients beat such charges.
What is Considered Driving Under the Influence of Drugs?
A DUI drugs arrest, or DWAI (driving while ability is impaired), occurs when an arresting officer believes that you have consumed a drug, or a combination of drugs and alcohol, that makes you “substantially incapable, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.”
What Drugs Count Towards a DUI Drugs or DWAI Arrest?
This is where a DUI drugs or DWAI arrest becomes hazy, as any drug—including over the counter drugs and prescriptions—can allegedly be said to make a driver substantially incapable of operating their motor vehicle safely. Examples of drugs that apply include:
- Cough medicine like NyQuil that contains dextromethorphan
- Antihistamines like Benadryl
- Antidepressants
- Mood stabilizers
- Antipsychotic prescriptions
- Anti-seizure prescriptions
- Marijuana
- Opioids
- Controlled substances like cocaine, psilocybin, heroin, and methamphetamine
Sadly, even drivers with valid prescriptions can be arrested and charged with a DUID, and having a prescription is not a get out of jail free card. This is where the importance of having an experienced DUI-D attorney comes into play because often the best results are reached by educating the prosecutor, judge, or jury with regards to potential impairment from drugs.
ADHD related medication is very common today and DeChant Law is seeing a rise in DUI-D charges for people under the influence of amphetamines, like Adderall, Vyvanse, Ritalin, or other stimulants. It is imperative to have a DUI-D lawyer on your side that is able to educate the prosecutor, judge, or jury that these medications do not cause impairment, but rather improve your alertness and focus.
How Can an Officer or Prosecutor Prove That I Was Driving While Impaired by Drugs?
DUI drugs arrests are often made with little to no physical or chemical evidence. Maybe the driver mentioned they had a cold and were taking cough medicine. Maybe the officer saw a prescription bottle in the glove compartment. In some cases, a DUI drugs arrest may result in a blood test that reveals that the driver had more than 5 nanograms of THC per milliliter, which is considered the legal limit.
Penalties for First Time DUI Drugs Offense
- Five days to one year in jail
- 9-month-long driver’s license suspension
- 48 to 96 hours of community service
- Up to $1,000 in fines
- Drug education courses and treatment
Call a Denver DUI Drug Lawyer
There are many ways to fight a DUI drugs charge in Colorado. Did the officer have probable cause to pull you over? Were you arrested simply because you were carrying a medical marijuana ID card? Were you arrested because the officer thought they smelled marijuana coming from your car? If there was zero actual evidence of impairment caused by drugs, you may have a winning case. Denver DUI drug lawyer Reid DeChant at DeChant Law has the experience needed to win such cases. Call us today at 303-409-7500 for a free case evaluation.
