Marijuana DUI Attorney Northglenn, CO

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, including 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.

But the advent of marijuana DUI in Colorado has taken these schemes to a new level. Because Colorado was among the first states to pass a medical marijuana law, and the first state to legalize recreational marijuana, there has been much hysteria surrounding the issue of driving under the influence of cannabis.

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.

Frequently Asked Questions

What constitutes a marijuana DUI in Northglenn, Colorado?

A marijuana DUI in Northglenn, Colorado, occurs when a person's blood contains five nanograms or more of delta-9 THC, the active substance in marijuana. However, drivers can still be convicted if they exhibit unsafe driving behavior even below this threshold. Factors such as the duration marijuana stays in the system and subjective assessments by officers complicate these cases. Defenses may include challenging the reason for the stop, the necessity of the blood test, and the evidence of impairment. Our marijuana DUI defense attorney can challenge the evidence and provide a strong defense against these charges.

How does a marijuana DUI differ from an alcohol DUI in Colorado?

In Colorado, a marijuana DUI differs from an alcohol DUI primarily in how impairment is measured and perceived. For marijuana DUIs, Colorado law sets a legal limit of five nanograms of delta-9 THC per milliliter of blood, but drivers can still be charged if their driving is deemed unsafe, even below this limit. Unlike alcohol, where BAC levels are more straightforward, THC levels can remain in the system for weeks, complicating impairment assessments. Both types of DUIs can result in similar legal consequences, including fines, license suspensions, and possible incarceration. Our skilled marijuana DUI defense attorney can question these subjective assessments.

What are the potential penalties for a marijuana DUI in Northglenn?

A marijuana DUI in Northglenn, Colorado, involves driving with five nanograms or more of delta-9 THC per milliliter of blood. However, a driver can still be convicted even below this threshold if evidence shows unsafe driving due to marijuana use. The penalties for a marijuana DUI are similar to those for an alcohol DUI, including fines, license suspension, mandatory substance abuse education, and possible jail time. Defenses against a marijuana DUI can include challenging the reasons for the traffic stop, disputing the accuracy of THC testing, and demonstrating that the driver's behavior was not impaired by marijuana. Consulting with a DUID defense attorney can help mitigate these penalties.

What defenses can be used in a marijuana DUI case?

A marijuana DUI in Northglenn, Colorado, can be defended using several strategies. Key defenses include challenging the legitimacy of the traffic stop and questioning the necessity of the blood test. It can also be argued that there was no unsafe driving behavior and that the driver was not impaired by marijuana, even if THC was present in their system. Additionally, procedural errors by law enforcement officers during the arrest or testing process can be highlighted to contest the charges. Our experienced DUID defense attorney will analyze all aspects of the case to build a robust defense strategy. Reach out to us for more information about your case.

Additional Information in Northglenn, Colorado

Colorado Official Clears The Air On Cannabis Consumption And Driving Ahead Of 4/20 Festivities: Discusses the impact of cannabis consumption on driving and the legal implications in Colorado, especially around the 4/20 festivities. It highlights the state's efforts to educate the public about the dangers of driving under the influence of cannabis, the legal THC limit for drivers, and the consequences of combining cannabis with alcohol. Understanding these aspects can help build a defense in a marijuana DUI case by addressing common misconceptions and emphasizing responsible consumption practices.

Colorado Department of Transportation - Drugged Driving: Highlights the dangers and legal consequences of driving under the influence of marijuana. It explains that THC impairs driving abilities such as reaction time, focus, and problem-solving skills, doubling the risk of a crash. The page emphasizes public awareness campaigns and education to prevent drugged driving. Understanding these points can help in a marijuana DUI defense by addressing impairment and challenging the interpretation of THC's effects on driving.

NORML - Colorado Drugged Driving: Details the legal thresholds for THC, the implications of implied consent laws, and the penalties for drugged driving offenses. It explains that drivers with five nanograms or more of THC per milliliter of blood can be inferred to be under the influence. This site can help with a marijuana DUI defense case by providing a clear understanding of the legal standards, defenses, and potential consequences involved in drugged driving cases in Colorado.

Choosing an Attorney with a Track Record of Success

free case evaluation

Send this form to email us and we will quickly reach back out with answers!

Marijuana DUI