Driving under the influence of marijuana can lead to Colorado DUI charges, just as driving under the influence of alcohol can.
With 4/20 – a day many pot enthusiasts dedicate to celebrating marijuana use – just around the corner, it’s important to understand Colorado laws regarding marijuana use/possession while driving, as well as what to expect if you are end up being arrested for a pot-related DUI.
The Facts about Colorado Pot DUIs
- It only takes 5 nanograms of THC (per milliliter of blood) to violate the law – In other words, Colorado laws have set the legal limits for THC in drivers’ systems at 5 µ/mL. This limit, however, has been controversial, with some noting that the limit doesn’t necessarily reflect impairment (especially in light of different tolerance levels).
- While blood tests are the current standard for testing potential pot impairment, new alternatives may soon be available – As we recently explained, troopers with the Colorado State Patrol (CSP) are currently testing out devices that can reportedly measure THC in motorists’ systems via saliva samples.In addition to possibly providing a testing alternative, these devices can produce test results within minutes (as opposed to days or weeks later, which is the case with blood tests). So, the real takeaway from this fact is that authorities are committed to enhancing their efforts to detect pot impairment among drivers – and they may soon have far better methods of doing so.
- There are not currently separate charges for pot DUIs – In other words, if a driver is arrested for alleged pot (or other drug) impairment, (s)he will face the same DUI charges as a driver allegedly impaired by alcohol would. What this can mean is that a conviction for a pot DUI and an alcohol DUI will generally result in the same penalties – like jail time, expensive fines, probation, etc.
- Pot DUI cases can be easier to defend than alcohol DUI cases – Although the best defense options for any DUI case will depend on the specifics of the incident, in general, pot-related DUI cases may be easier to defend than alcohol DUI cases because not all police officers in Colorado are trained drug recognition experts (DREs), meaning that there can be room to argue that arresting officers were mistaken about so-called signs of “impairment.”So, the real takeaway here is that, if you are ever facing DUI charges, consulting an experienced DUI attorney can be the key to determining and pursuing your best defense options.
Contact a Broomfield DUI Lawyer at The Datz Law Firm
If you or a loved one has been accused of drunk or stoned driving in Colorado, a Broomfield DUI lawyer at The Datz Law Firm is ready to provide you with superior defense representation. At The Datz Law Firm, we know how stressful and consuming serious legal problems can be. That’s why we’re here to help you resolve your legal issues, get through these challenging times and move forward into a brighter future.
To schedule an initial consultation and find out more about your best DUI defense options, call us at (720) 879-1114, or email us using the contact form at the top of this page.
While our office hours are from 8:30 a.m. to 5 p.m., we make ourselves available anytime of the day or night to talk about your important legal matters – or simply to discuss your worries and concerns. The bottom line is that we are flexible, available, and responsive.