DUI and Drugs: Marijuana/THC
If you use marijuana or cannabis, or any THC-containing products in Colorado, and you drive while you are affected by those substances, you could face charges for driving while ability impaired (DWAI) or driving under the influence (DUI) in Colorado. Indeed, the term “drugged driving” is important for motorists in Colorado to know. Just like you can face charges for DWAI or DUI if you consume alcohol and are impaired by it — even though alcohol is completely legal for people in Colorado aged 21 and up — consuming alcohol and driving afterward may be illegal. Although recreational marijuana is also legal for adults in Colorado, you could face DWAI or DUI charges if you are even slightly impaired by THC.
When a person faces charges for impaired driving in Colorado in connection with marijuana use, they are usually facing what is known as a DUI-D or DUID, and it can be prosecuted like a DWAI or DUI, depending on the detection of THC in the blood. Our Denver DUI defense attorneys can tell you more, and we are here to help you fight any DUI-D charges you are facing.
How Marijuana Impairment is Occurs
Whether you are using marijuana recreationally or you are a medical marijuana user, it is critical to understand how marijuana use can affect your driving and could result in impairment and a DUI-D charge. To be absolutely clear, even if you have a medical condition for which you use marijuana, and even if you are using marijuana legally in recreational form, this does not mean that you can necessarily drive after using a marijuana product.
In Colorado, the active psychoactive substance in marijuana products that leads to impairment is Delta 9-tetrahydrocannabinol, or Delta 9 THC. It exists in any form of marijuana you might buy and use, including flowers, vapes, and edibles. Colorado currently tests blood for different variations of THC contained within the blood specimen. The idea is they can detect the psychoactive substance along with its metabolites. It is crucial your attorney understands how to decipher the differences in these numbers.
Understanding DUI-D Tests and Charges for Marijuana/THC
According to the Colorado Department of Transportation, THC is no longer active once it is absorbed in the body, but this process usually takes hours after initial use. When a driver is observed to be acting impaired in any way behind the wheel, they may be stopped on suspicion of DUI-D, and they can be administered a blood test to check for THC levels. A person does not have the option of a breath test since a breath test only detects alcohol, not substances like THC.
Under Colorado law, there is a “permissible inference” that you are under the influence of cannabis if your blood test shows five nanograms or more of THC in your blood. Yet even if your blood test shows a smaller amount of THC and you are alleged to have been driving in an impaired manner, you can still face DUI-D charges.
Contact a Denver DUI Defense Lawyer
At DeChant Law, we know and understand that there are very legitimate benefits of marijuana use, and we know how difficult and frustrating it can be to face DUI-D charges if you are stopped and are found to have THC in your system. We take a personalized approach to every DUI-D case we handle, and we are committed to helping you defend against these charges. One of the experienced Denver DUI defense attorneys at DeChant Law can speak with you today about your marijuana/THC impaired driving case, and we can begin discussing the best defense strategy given the facts of your case. Contact us today to get started on your defense.
Sources:
codot.gov/safety/impaired-driving/druggeddriving/faqs
law.justia.com/codes/colorado/2021/title-42/article-4/part-13/section-42-4-1301/
