Drugs DUI

The legalization of recreational marijuana and the opioid crisis has put significant focus on the issue of driving under the influence of drugs.

From a law enforcement standpoint, having a legal definition for DUI-marijuana has emboldened officers and the courts to pursue such charges, despite the fact the threshold is entirely subjective and proving such cases is much more difficult than those involving alcohol. Even prescription drugs can result in a DUI charge if law enforcement alleges driving ability was adversely impacted.

Law enforcement hopes you will plead guilty in an attempt to quickly put an embarrassing episode b behind you. Experienced Denver DUI defense lawyers know that is a serious mistake as the legal and societal consequences of a DUI or DWAI conviction will follow you for years to come and can include:

• Sky high insurance premiums.
• Frequent targeting and stops by law enforcement.
• Significantly increased penalties for a future violation.
• Job loss or inability to hold certain jobs or professional licenses.
• Intrusive probation requirements.
• Jail time, mandatory alcohol counseling.
• Significant fines and court costs.

In fact, drunk driving offenses are the leading generator of revenue for municipal court systems nationwide. Whether you are charged with driving under the influence (DUI), or the lesser offense of driving while ability impaired (DWAI), which lawmakers have concocted to ensnare those who were not legally intoxicated with a BAC of .08 or higher, but who tested at > .05 to .08, you can expect a conviction to cost you more than $10,000 by the time it is all said and done.

DUID in Denver

A person can be convicted of DUI marijuana if a  person's blood contains five nanograms or more of delta-9 THC (the active substance in marijuana). However, like alcohol, Colorado law allows for a conviction for drivers under that threshold if unsafe operation of a motor vehicle can be shown.

Nevermind that marijuana can remain in a person’s system for 30 days after consumption and such an arbitrary limit may have nothing to do with whether a person was under the influence at time of arrest. Police will often make such arrests if they smell marijuana or find drugs or paraphernalia in the car. In other cases, an officer may just decide you “look stoned.”

DUI charges involving other drugs also typically result from a car stop in which drugs are found and law enforcement makes a determination that a driver is under the influence. Typically a blood or urine test will show drugs in a driver’s system. Serious traffic charges result, regardless of whether those drugs were recently consumed or impacted driving ability.

Defenses for DUI drug charges in Denver include:

• Insufficient reason for the stop.
• No reasonable basis for a blood or urine test.
• No unsafe driving behavior.
• Not affected by marijuana or other drugs.
• Poor driving behavior unrelated to alleged marijuana or drug use.

Those facing  charges should consult with a drunk driving defense  lawyer in Denver or the surrounding areas, including Highlands Ranch, Littleton, Ken Caryl, Columbine, Golden, Lakewood, Broomfield, and Arvada.

Call drunk driving defense lawyer James Colgan for a free and confidential consultation to discuss your rights. Call 720-909-6425 today.