DUI of Drugs (DUID)
Denver DUID Attorneys
Arrested for Driving Under the Influence of Drugs (DUID)?
If you choose to take advantage of legal marijuana in Colorado, you can still run afoul of the law, especially on public roads. Although it is legal to use and purchase cannabis recreationally, it is against the law to drive under the influence of drugs. Just like with drunk driving, you could find yourself facing DUI charges.
According to state law, motorists are considered legally impaired if a blood test detect at least five nanograms of active THC. However, cannabis affects everyone differently. While more novice consumers may be significantly impaired after consuming the legal limit, it may not even hinder those who use pot quite frequently.
Facing accusations of DUID? Call a Denver DUID lawyer today for a free consultation.
If you are arrested for a drug-related DUI in Colorado, you will face the same potential penalties as a drunk driver, which may include:
- Fines not exceeding $1,000
- Maximum sentence of one year in jail
- License suspension for up to nine months
- 12 points against your driver's license
- Up to 96 hours of community service
- Higher insurance premiums
Since impairment from marijuana is difficult to determine, prosecutors have a tough time convincing juries that DUI defendants were significantly impaired. Our Denver DUID lawyers at Orr Law Firm can apply one or several legal defenses based on the facts of your case in order to help get your charges dismissed or your penalties reduced. Let us help you get your life back on the right track immediately. Contact us.
How Much Pot Is Too Much for the Road?
In Colorado, you commit the crime of driving under the influence of marijuana in Colorado if you are unable to safely operate a vehicle due to cannabis consumption. In addition to determining if a person when over the legal limit, law enforcement must prove—through objective evidence—that you couldn’t safely drive.
Cues that someone is too high to drive may include:
- The person commits a traffic violation
- The person weaves in and out of his/her own lane
- The person drives too slow or too fast
- The person appears to be stoned (e.g. red eyes, slurred speech, slow motor skills, etc.)
- The police discover cannabis in the vehicle
- The police smell marijuana odor in the vehicle
- The police discover marijuana paraphernalia (e.g. a pipe, a bong, a joint, etc.)
For decades, opponents of drunk driving have been educating the public about how many drinks it may take for a driver to become legally impaired. But how many tokes, joints or bong hits does it take to reach the legal limit of five nanograms of tetrahydrocannabinol, or THC (the mind-altering ingredient in cannabis), in your blood?
Comparatively, little has been done to educate pot users, and it’s not even clear if marijuana affects individuals in the same way that alcohol does. Further complicating matters is the fact that THC content in marijuana varies widely among different types of plants. It’s not like beverages that declare their alcohol content on the label.
There’s another difference between marijuana and alcohol that bears mentioning. Your system evacuates alcohol fairly quickly. But THC gets stored in your body’s fat cells, so it takes longer to dissipate. That makes a urine test for THC useless, because it may register the cumulative amount of THC in your system, not the active amount.
Challenging the Legal Limit of THC
Blood tests for THC are notoriously inaccurate. There’s also considerable evidence that smokers build up a tolerance for THC, so a habitual smoker with a THC reading above five nanograms (the legal limit) may not be impaired at all.
There has been a great deal of criticism of the DRE (drug recognition expert) training that officers receive to determine if a driver is under the influence of drugs. The program’s protocols rely too heavily on the biases of law enforcement officers to be useful in any kind of diagnostic sense. All of these points provide an opportunity for an experienced DUID defense attorney, like those at the Orr Law Firm, to challenge the charges against you.
If you have been arrested for a marijuana-related DUI in Colorado, our Denver DUID lawyers at the Orr Law Firm are committed to helping you prove that you were not under the influence of drugs while operating a vehicle. We can assess your case, determine any weaknesses in the prosecution’s argument, and create an effective defense plan to get the best possible results in court. Don't wait; let our firm protect your rights and future today.
If you are facing drug-related DUI charges in Colorado, get advice and counsel from our Denver DUID attorneys at the Orr Law Firm. We offer free initial consultations. Get started today by calling us at (303) 818-2448 or contacting us online.