As one of the first states to legalize recreational marijuana, Colorado has strict laws regarding impaired driving. Many people assume DUI laws apply only to alcohol, but state law also prohibits driving under the influence of cannabis. Despite its legal status for recreational and medicinal use, marijuana can still impair judgment, reaction time, and coordination, all of which can increase the risk of accidents.

With evolving laws and increased law enforcement efforts to curb impaired driving, understanding how Colorado handles marijuana DUIs is critical. Whether you are a medical marijuana patient, a recreational user, or someone simply curious about the legal limits, knowing how impairment is measured, what penalties you may face, and how a DUI conviction can affect your future is essential.

Does Colorado Have a Legal THC Limit for Driving?

Unlike alcohol, where the legal limit for blood alcohol concentration (BAC) is well-established at 0.08%, marijuana impairment is more difficult to measure. Colorado law sets a “permissible inference” limit of 5 nanograms of THC per milliliter of blood. This means that if a driver’s THC level reaches or exceeds this limit, law enforcement can assume impairment.

However, THC affects individuals differently, and regular users, particularly medical marijuana patients, may have elevated THC levels in their system even if they are not impaired. This has led to debates about whether the 5-nanogram limit is a fair indicator of impairment. Unlike alcohol, which leaves the bloodstream at a predictable rate, THC can remain in the body for extended periods, making blood tests an imperfect measurement of impairment.

How Do Police Determine If a Driver Is High?

Colorado law enforcement officers are trained to identify signs of marijuana impairment through field sobriety tests and behavioral observations. If an officer suspects a driver is under the influence of cannabis, they may use several methods to build a case, including:

• Field Sobriety Tests (FSTs) – Standardized tests, such as the walk-and-turn and horizontal gaze nystagmus, are used to assess coordination and cognitive function.
• Drug Recognition Experts (DREs) – Specially trained officers conduct additional evaluations to identify impairment from drugs rather than alcohol.
• Blood Tests – If arrested, the driver may be required to submit to a blood test to measure THC levels.
• Observation Reports – Officers may note signs such as red eyes, delayed responses, the smell of marijuana, or difficulty answering questions.

Refusing a blood test can result in automatic penalties under Colorado’s implied consent laws, including an immediate driver’s license suspension.

What Are the Penalties for a Marijuana DUI in Colorado?

Driving under the influence of marijuana carries serious legal consequences. While the penalties are similar to those for alcohol-related DUIs, marijuana-specific charges can still lead to severe repercussions. The penalties for a first-time marijuana DUI include:

• Fines – Between $600 and $1,000.
• Jail Time – A minimum of 5 days up to 1 year, though this can be suspended if the driver completes a drug education program.
• License Suspension – A potential 9-month suspension.
• Community Service – Between 48 and 96 hours.
• Points on Driving Record – 12 points, which results in an automatic suspension.

For repeat offenses, penalties become significantly harsher. A second marijuana DUI could lead to a longer jail sentence, increased fines, and mandatory installation of an ignition interlock device. A third offense could be classified as a felony, resulting in years of imprisonment and lifelong consequences.

Does Colorado Have an Open Container Law for Marijuana?

Yes, Colorado enforces an open container law for marijuana, similar to alcohol laws. Under state law, it is illegal to have an open container of cannabis in a vehicle if:

• The marijuana is in a container that has been opened.
• The contents have been partially removed.
• There is evidence that marijuana has been consumed in the vehicle.

Passengers and drivers alike can be cited if marijuana is openly accessible in the car. The safest way to transport cannabis is in a sealed container stored in the trunk or another area of the vehicle where the driver cannot reach it.

What Are Common Defenses Against a Marijuana DUI Charge?

Being charged with a marijuana DUI does not automatically mean a conviction. Several defense strategies can challenge the charges, including:

• Challenging THC Test Accuracy – Blood tests do not always reflect real-time impairment, as THC can stay in the bloodstream for days or even weeks.
• Questioning Field Sobriety Tests – Standardized field sobriety tests were developed for alcohol impairment and may not be reliable for detecting marijuana intoxication.
• Disputing the Traffic Stop – If the officer lacked reasonable suspicion to pull over the driver, any evidence gathered may be inadmissible in court.
• Arguing a Lack of Impairment – Even if THC is present in the blood, it does not necessarily mean the driver was impaired at the time of the stop.

With the right defense strategy, it may be possible to reduce or dismiss the charges, avoiding the long-term consequences of a conviction.

How Can a Marijuana DUI Affect Your Future?

A marijuana DUI can have long-lasting effects beyond legal penalties. A conviction can impact employment opportunities, as many employers conduct background checks. Certain professional licenses, such as those for commercial drivers or healthcare workers, may also be at risk.

Additionally, insurance rates often increase significantly after a DUI conviction, making car insurance more expensive. A conviction can also create difficulties for those seeking housing, especially when applying for rentals that require background screenings.

How to Avoid a Marijuana DUI in Colorado

The best way to prevent a marijuana DUI charge is to avoid driving while impaired. Consider these steps to stay safe and within the law:

• Wait Before Driving – THC affects everyone differently. Allow time for the effects to wear off before getting behind the wheel.
• Use Alternative Transportation – If you feel impaired, use a rideshare service, public transportation, or have a sober friend drive.
• Store Cannabis Properly – Keep any marijuana products sealed and out of reach while driving.
• Be Aware of Medication Interactions – If using marijuana for medical reasons, check for any interactions with other medications that could increase impairment.

Charged with a Marijuana DUI? Call Evans Case Today. 

Facing a DUI charge for marijuana can be overwhelming, but you don’t have to handle it alone. Colorado law treats drugged driving seriously, and a conviction can lead to significant penalties. At Datz Law Firm, our DUI defense attorneys have experience challenging marijuana-related charges and fighting for the best possible outcome.

If you or a loved one has been arrested for a marijuana DUI in Colorado, take action now. Contact us today to discuss your case and explore your legal options.