Can a Marijuana DUI Be Dismissed in Colorado?

Facing a marijuana DUI charge in Colorado can be intimidating. Many people assume that a failed blood test or officer’s accusation is the end of the story. But that’s far from the truth. With the right legal strategy, your case could be dismissed or significantly reduced. Marijuana DUI charges are based on subjective standards, evolving science, and often weak evidence — all of which can work in your favor. 

At The Law Office of J.P. Colgan, we’ve helped countless individuals across Colorado challenge these charges. Whether you were pulled over in Boulder, Denver, or a rural county, you deserve a fair fight.

How Colorado Marijuana DUI Laws Work

Colorado law allows the use of marijuana for adults 21 and older. However, driving under the influence of marijuana is a criminal offense under Colorado Revised Statute § 42-4-1301. The law states that a person may be inferred to be impaired if they have 5 nanograms or more of THC per milliliter of blood. 

But this standard is only a “permissible inference,” not absolute proof of impairment. In short, having THC in your system doesn’t automatically mean you were too impaired to drive safely.

Why These Charges Can Be Defended

Unlike alcohol, marijuana affects people differently. There’s no consensus on how much THC causes impairment, how long it lasts, or how reliably it can be measured. That gives your attorney several angles to challenge the case.

Top Reasons Marijuana DUI Charges Are Dismissed

Here are common legal defenses that have led to dismissed or dropped charges for our clients:

• Unreliable THC testing: Blood tests only measure THC levels — not your level of actual impairment. Regular users often test above the legal limit even when they're completely sober.
• Illegal traffic stop: If the police didn’t have a valid reason to pull you over, all evidence from that stop — including drug tests — may be thrown out.
• Improper testing procedures: If the officer or lab technician made a mistake when collecting or handling your sample, the test may not be admissible in court.
• Faulty field sobriety tests: Officers often use alcohol-based field tests for marijuana DUI cases. These tests are not reliable indicators of marijuana impairment.
• No signs of impairment: If there’s no dashcam footage, erratic driving, or credible officer observation showing you were impaired, the prosecution may not have enough to move forward.

Each of these issues can create reasonable doubt — the standard that must be met in every criminal trial.

What Prosecutors Must Prove

To convict you of a marijuana DUI, the prosecution must prove:

1. You were in actual physical control of a motor vehicle.
2. You had active THC in your bloodstream.
3. You were substantially incapable of operating the vehicle safely due to marijuana use.

It’s not enough for you to have used marijuana earlier that day. The state has to show, with clear and credible evidence, that it directly impaired your driving at that moment. This burden of proof creates many opportunities for a defense attorney to intervene.

If the Case Isn’t Dismissed, Can It Be Reduced?

Even if dismissal isn’t possible, your attorney may be able to minimize the damage. Several alternatives exist depending on your record and the strength of the case. Here are some common outcomes:

• Plea to a lesser charge: Many marijuana DUI charges are reduced to non-DUI offenses such as careless driving or drug paraphernalia violations.
• First-time offender program: Some counties offer diversion programs that include drug education or community service. Successful completion may lead to dropped charges.
• Deferred sentencing: In some cases, you may plead guilty but avoid a conviction by meeting all conditions of probation. This could include treatment, clean drug screens, or defensive driving classes.

These options allow you to protect your record and avoid the long-term impact of a DUI conviction.

Why These Cases Are So Unique

Marijuana DUIs are not handled the same way as alcohol DUIs. Unlike a breathalyzer result, which clearly shows intoxication, THC test results are often vague or misleading. For example:

• THC can linger in your blood for 24+ hours even if you're not high.
• Chronic users may always test above the legal threshold — even when fully sober.
• No roadside device accurately measures THC impairment like a breath test does for alcohol.

Because the evidence is less reliable, your defense lawyer can argue for dismissal by exposing how uncertain and unscientific the prosecution’s case really is.

What’s at Stake if You’re Convicted?

A marijuana DUI conviction in Colorado can carry serious penalties, including:

• Up to 1 year in jail (first offense)
• Fines up to $1,000
• Loss of your driver's license
• Mandatory drug education classes
• A criminal record that could affect employment and housing

These penalties increase with repeat offenses or if you were involved in an accident. The long-term consequences are far greater than most people realize.

We Fight to Protect Your Record

At The Law Office of J.P. Colgan, we don’t just plead cases out — we challenge them. We investigate every aspect of your arrest, from how the officer pulled you over to how your blood was tested and stored. Our goal is simple: to get your case dismissed, reduced, or resolved in a way that protects your future.

Call the Law Office of James Colgan if You Have Been Charged With a Marijuana DUI

Marijuana DUI charges can be beaten. But the sooner you act, the better your chances. If you’ve been arrested anywhere in Colorado, contact us today for a free consultation. We’ll review your case, explain your options, and help you move forward with confidence.