Because charges of driving under the influence are a leading money maker for municipal court systems, the state has devised many ways to entrap motorists. This includes DWAI charges for those who test below the legal limit of .08 (but above .05) and “baby DUIs” for underage motorists who test as low as .02. These tactics are often used to ensure that even those who are not heavily impaired face legal consequences. The advent of marijuana DUI in Colorado, however, has taken these schemes to a new level, especially since the legalization of cannabis in the state.
Colorado was among the first states to pass a medical marijuana law and the very first to legalize recreational marijuana, which has led to much hysteria and stringent enforcement surrounding the issue of driving under the influence of cannabis. For out-of-state drivers, facing a marijuana DUI charge in Colorado can be even more complex, as they must navigate unfamiliar legal terrain while contending with the state's tough stance on marijuana-related offenses. The confusion and uncertainty around marijuana impairment levels make it easier for law enforcement to charge drivers, even when their impairment might be questionable.
In severe cases, a DUI involving marijuana can tragically lead to vehicular manslaughter charges, resulting in life-altering consequences for those involved. Furthermore, individuals with multiple DUI offenses involving marijuana face much harsher penalties under Colorado law, which can include extended jail time, hefty fines, and long-term license revocation. Understanding these risks is essential for anyone driving in Colorado, as the state’s approach to marijuana DUI is stringent and can have severe ramifications.
Colorado DUI Marijuana
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.
One (of many) problems with the law is that, unlike alcohol, marijuana can remain in a user’s system for up to 30 days. The level of THC in blood will depend on many factors, including frequency of use, potency of product, a user’s metabolism, and other genetic and environmental factors. However, the law makes no distinction. If you test at 5 nanograms of delta-9 tetrahydrocannabinol (THC) per milliliter of whole blood, you will be presumed guilty even if you were not high, not impaired, and were driving safely at the time of stop and arrest.
If you test below that threshold and the court believes there is sufficient evidence of unsafe driving, you can still be convicted of DUI. Otherwise, you may be convicted of driving while ability impaired (DWAI) by marijuana if it can be shown marijuana affected you to the slightest degree.
Marijuana DUI Arrest and Defense
In many cases, officers will attempt to use as evidence:
- Violation of traffic laws.
- Unsafe driving behaviors.
- You drove too fast or too slow.
- You “looked” stoned (whatever that means).
- The officer smelled marijuana.
- Marijuana paraphernalia or marijuana products were found in your car.
As you can see, marijuana DUI charges are often much more subjective. There are legitimate defenses to most of these allegations. Marijuana DUI defense may include:
- Insufficient reason for the stop.
- No reasonable basis for a blood test.
- No unsafe driving behavior.
- Not affected by marijuana.
- Poor driving behavior unrelated to alleged marijuana use.
The reality is that convicted a driver of DUI marijuana is more difficult than for those cases involving alcohol. But the consequences are the same when a driver does not contest the charges. 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.
