It starts like any other celebration: fireworks, friends, music, maybe a joint passed around under the open sky. But for some Coloradans, Independence Day ends not in laughter, but in the back of a patrol car. Marijuana may be legal in this state, but driving under its influence is not.
What many drivers don’t realize until it’s too late is how aggressively Colorado pursues marijuana-related DUIs, particularly during high-traffic holidays. The laws are nuanced, the science is complicated, and the consequences are far-reaching.
Colorado Takes DUID Charges Seriously, Especially Around the 4th of July
Every July, law enforcement across Colorado increases patrols as impaired driving incidents surge during the holiday period. According to data from the Colorado Department of Transportation (CDOT), 52% of all roadway fatalities during the Fourth of July holiday period over the last five years involved suspected impaired drivers.
CDOT identifies July as one of the top three months for impaired-driving crashes. And in response, the state doesn’t dial back. It launches what’s known as “The Heat Is On” DUI enforcement campaign, mobilizing state troopers and local police to crack down on drugged and drunk driving from July 2 to July 7.
This initiative isn’t just a public awareness push. It’s operational. More patrols. More checkpoints. More arrests. For cannabis users, that means the threshold for being pulled over and evaluated for impairment is lower than ever.
Common Myths About Marijuana DUIs in Colorado
Cannabis DUIs — also known as DUIDs (Driving Under the Influence of Drugs) — are often misunderstood. Unlike alcohol, where the legal limits are well-known and relatively straightforward, marijuana laws are murkier. However, that gray area doesn’t mean law enforcement will go easy.
Myth #1: “I used hours ago, so I’m fine.”
Nearly 1 in 5 marijuana users in Colorado admit to driving within 2 to 3 hours of using cannabis, even though impairment can last much longer. THC doesn’t leave the bloodstream predictably, and even if you feel fine, officers can still charge you. Colorado sets a legal threshold of 5 nanograms of active THC per milliliter of blood. This is called a “permissible inference” of impairment, and it gives officers enough legal ground to pursue DUI charges, even if you feel completely sober.
Myth #2: “I have a medical marijuana card — they can’t charge me.”
Also false. Medical use doesn’t grant immunity from impaired driving laws. If an officer observes signs of impairment — slow responses, red eyes, poor coordination — you can be arrested, regardless of medical status.
Myth #3: “I wasn’t high, just a little buzzed.”
Impairment is assessed by trained officers using behavioral observations. If they believe your ability to operate a vehicle is compromised, that’s enough for an arrest. Toxicology testing happens after the fact to support, not initiate, charges.
Myth #4: “As long as the cannabis isn’t being used, it’s fine in the car.”
Colorado law prohibits both drivers and passengers from having open containers of cannabis in a vehicle. If the seal is broken, product has been used, or there’s evidence of recent consumption in the car, it can result in a citation, regardless of whether you’re under the influence.
Myth #5: “My tolerance protects me from impairment.”
Active Delta-9 THC affects critical driving abilities like reaction time, coordination, and judgment. Frequent users may feel functional, but the presence of active THC still triggers the same legal consequences. Tolerance doesn’t prevent arrest.
The Dire Consequences of a Marijuana DUI
A marijuana DUI is not a slap on the wrist. It’s a criminal charge, and one with serious and lasting implications. Colorado reports an 88% conviction rate in DUI cases overall, but that number climbs to 92% for when Delta-9 THC is confirmed in blood samples.
Here’s what a marijuana DUI conviction can lead to:
- Jail Time. Even first-time offenders can face up to one year in jail.
- Hefty Fines. Fines, increased insurance premiums, and court costs can quickly escalate into thousands of dollars. First-time offenders can end up paying $13,500 or more in total costs.
- License Suspension. You may lose your license for up to nine months for a first offense.
- Mandatory Drug Education & Treatment. Judges often impose Level II education or therapy programs, especially if substance misuse is suspected.
- A Criminal Record. A conviction stays with you, affecting background checks, professional licensing, and even housing applications.
Other consequences include:
- Administrative Penalties. Simply refusing a chemical test can trigger a one-year license suspension, even if you’re never convicted.
- DWAI Charges. A “lesser” charge of Driving While Ability Impaired (DWAI) still results in points on your license, court-ordered classes, and fines.
- Felony Charges. If a crash leads to injury or death, you could face vehicular assault or homicide charges, both felonies with mandatory prison time.
What to Do If You’re Stopped During the 4th of July Weekend
No one expects to be pulled over. But during the Fourth of July, with increased patrols and checkpoints in Denver and across the state, it happens more often than most drivers realize.
If you are stopped under suspicion of impaired driving, remember your rights:
- Stay Calm and Respectful. Tension only escalates the situation.
- Don’t Volunteer Information. You are not required to say when or what you last consumed. Politely decline to answer questions about your cannabis use.
- Field Sobriety Tests Are Optional. These tests are voluntary in Colorado. You can decline them unless an officer orders them under specific legal grounds.
- Request an Attorney. If you’re arrested, ask to speak with legal counsel immediately before making any further statements.
Keep in mind that you can and should challenge the basis of any DUI stop later in court. But what you say (or don’t say) during those first few minutes can make all the difference in your case.
I’m Available This 4th of July Weekend — Don’t Wait
At Orr Law Firm, we take these cases seriously because the consequences are significant and far-reaching. I’ve worked with Coloradans facing life-changing penalties from DUID charges that stemmed from honest mistakes or misunderstandings about the law.
If you or someone you care about is arrested for a marijuana DUI over the holiday weekend, time is critical. Evidence can be challenged. Procedures can be reviewed. But it starts with legal advocacy — now.
I’m available, even over the July 4th weekend. Call (303) 747-4247 for a confidential consultation. Let’s talk through your situation and find the path forward before the consequences close in.