What to Know About Marijuana and DUI-D Charges in Colorado

Colorado’s driving under the influence (DUI) and driving while ability impaired (DWAI) laws apply to alcohol intoxication, but they also apply to intoxication or impairment caused by drugs, including marijuana and many other prescription drugs that you may be taking legally. As such, you can face DWAI or DUI charges — often known as DUI-D — as a result of using marijuana or other cannabis products. What do you need to know about marijuana and DUI-D charges in Colorado? Consider the following information.

DWAI and DUI Laws Apply to Marijuana as to Alcohol and Other Substances 

Colorado’s laws that define driving under the influence and driving while impaired apply equally to marijuana impairment or intoxication as they do to alcohol or other substances. The penalties are also the same. In other words, the law does not deem marijuana impairment to be any worse or any better than alcohol impairment, and motorists should expect penalties to be uniform regardless of the substance.

No Exceptions for Lawful Possession and Use 

Although recreational marijuana, as well as medical marijuana, have been legal in Colorado for quite some time, you can still face DUI-D charges. It does not matter if you are using a substance lawfully. Just as it may be legal to consume alcohol but not to drive while impaired or intoxicated by it, the same is true of marijuana use.

How is DUI-D for Marijuana Determined? 

There is no such thing as a breathalyzer to detect the presence of marijuana in a driver’s system as there is to test for alcohol, so most DUI-D stops for marijuana are based on the motorist’s behavior. As the Colorado Department of Transportation explains, law enforcement officers in Colorado are specifically trained to look for signs of drug impairment, including marijuana impairment. If they have reasonable suspicion to suspect drug impairment, you can be stopped.

Drug Tests Can Determine Amount of Marijuana In Your System 

While there is no such thing as a breathalyzer to identify marijuana use, if a person is arrested for a DUI-D and is required to submit to a chemical test, a blood test can determine the amount of cannabis in a person’s system. According to the Colorado Department of Transportation, there is a “permissible inference that a person is under the influence of cannabis” if they have 5 nanograms or more per milliliter of Delta 9 THC — the psychoactive substance that causes cannabis impairment — in their blood.

Multiple Defenses Available

 You may have multiple options for defending against marijuana-impaired driving charges in Colorado depending on the facts of your case. You may be able to show that your behavior did not result from any kind of drugged driving, for instance, or you may be able to show that any presence of THC in your system was from past use and was not causing impairing effects.

Contact Our Denver DUI Defense Attorneys 

Anyone who is facing DWAI or DUI charges in Colorado, whether as a result of marijuana or another drug, or alcohol use, should seek legal advice quickly. One of the experienced Denver DUI defense lawyers at DeChant Law can speak with you today to learn more about your case and to discuss options for your defense. Contact us today for additional information and to receive assistance with your case.

Source:

law.justia.com/codes/colorado/2021/title-42/article-4/part-13/section-42-4-1301/

codot.gov/safety/impaired-driving/druggeddriving/faqs