What is a DUI-D in Colorado?

If you or anyone you know has ever been stopped on suspicion of intoxicated driving, you may know that there are two different types of drunk driving charges you can face depending upon the amount of alcohol in your system. A charge of driving under the influence (DUI) is the same type of law that exists in most US states, in which a person can face criminal and administrative consequences for having a blood alcohol concentration (BAC) of 0.08 percent or higher. Colorado also has a lesser offense known as driving while ability impaired (DWAI), which can be charged if a motorist has a BAC of 0.05 percent but less than 0.08 percent, or such that the person is impaired “to the slightest degree.” Yet in addition to DUI and DWAI, the term “DUI-D” or “DUID” is also used commonly in Colorado.

What is a DUI-D, and how does it differ from a DUI or DWAI involving alcohol? In short, it involves intoxication due to drugs rather than alcohol. Our Colorado DUI defense lawyers can explain, and we can begin working with you on a defense if you are facing any DUI-related charges in the Denver or Brighton areas.

Drug-Related DUI and DWAI Charges 

If you drive under the influence of drugs, or while your ability to drive is impaired by the use of a drug, you can face what are commonly known as DUI-D or DUID charges. Drug-related driving charges can be brought as a DUI or DWAI, depending on the level of impairment.

Unlike with alcohol-related DUI or DWAI driving charges, if you are stopped and arrested, you cannot choose between a breath test and a blood test since there is no breath test to determine drug-related impairment. Depending on the type of substance a blood test shows, you may also face drug charges if your blood test shows you have a controlled substance in your body or a prescription drug without having a valid prescription.

Types of Drugs, Including Prescription Drugs, That Can Lead to DUI-D Charges 

DUI-D cases can result from the use of many different types of drugs, including prescription drugs — including when you have a prescription for the drug. To be clear, having a valid prescription for a drug does not mean you can necessarily drive lawfully while using it. The following are common examples of types of drugs involved in DUI-D cases:

• Marijuana;
• Adderall;
• Vyvanse;
• Anti-epileptic drugs;
• Muscle relaxants;
• Certain antidepressants;
• Some antihistamines;
• Cocaine;
• Ecstasy;
• Methamphetamine; and
• Heroin.

As you can see, even medications that you are taking because of a doctor’s instructions or with a valid prescription may result in DUI-D charges. But with assistance from a defense lawyer, you may have multiple options to begin building a strong defense.

Contact Our Denver DUI Defense Attorneys 

Are you facing charges for a DUI-D? It is important to be aware that you can face serious consequences if you are convicted, even if your arrest involves a prescription drug that you are taking legally. An experienced Denver DUI defense attorney at DeChant Law can speak with you today about your defense options. It is imperative to consult with a firm, like DeChant Law, who is familiar with defending DUID offenses, as they should not be treated like alcohol based DUIs. Contact us for more information.

Sources:

law.justia.com/codes/colorado/2022/title-42/article-4/part-13/section-42-4-1301/

fda.gov/consumers/consumer-updates/some-medicines-and-driving-dont-mix