Denver DUID Lawyer

What Is a DUID in Colorado?

Under Colorado Revised Statutes § 42-4-1301, it is illegal to drive a vehicle while under the influence of alcohol or one or more drugs—or a combination of both—to the degree that it affects your ability to safely operate the vehicle.

Drugs may include:

• Marijuana (THC, even if used legally)
• Prescription medications (such as Xanax, Oxycodone, Adderall, or Ambien)
• Over-the-counter medications (like NyQuil or Benadryl)
• Illegal substances (methamphetamine, heroin, cocaine, LSD, etc.)

Colorado law does not require proof of actual impairment for all drugs. Officers can arrest and charge you based on observed behaviors, field sobriety tests, and the presence of a detectable level of a drug in your system. A Denver DUID attorney can challenge these assumptions and investigate whether proper procedures were followed.

Understanding Colorado's Implied Consent Law

In Colorado, drivers understand that by choosing to drive, they implicitly agree to chemical testing if lawfully stopped by police with reasonable suspicion of impairment. This is known as the implied consent law, and it plays a critical role in DUI and DUID cases. Refusal to comply with a chemical test when requested can lead to automatic penalties, such as license suspension.

Typically, law enforcement will require a blood or breath test to ascertain levels of intoxicating substances. These tests must be administered under specific conditions to ensure their validity and accuracy. Inaccurate or improperly administered tests can be challenged, potentially affecting the outcome of your case. With experienced legal guidance, you can explore the validity of these tests and the circumstances under which they were conducted to defend against the charges you face.

Colorado DUID Penalties

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

In addition to these legal penalties, a conviction can lead to long-lasting personal and professional consequences. An arrest or conviction may impact your employment opportunities and your reputation within the community, as employers and others may view drug-related charges unfavorably. Additionally, the financial burden of fines and legal fees can be significant. Understanding the full scope of these impacts emphasizes the importance of seeking knowledgeable legal guidance.

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 Police Investigate DUID Cases

Unlike alcohol-related DUIs, where breath tests provide near-instant results, drug-related DUIs rely heavily on officer observations and blood or urine tests that may take weeks to process. This delay and reliance on subjective judgment create multiple opportunities for defense.

Common steps in a DUID investigation include:

• Initial Stop and Observations - Officers may pull drivers over for erratic driving, equipment violations, or traffic infractions. From the moment they initiate contact, they observe behavior, speech patterns, eye movements, and motor skills.
• Field Sobriety Tests (FSTs) - These tests are designed to measure coordination and divided attention. However, they are standardized only for alcohol—not drugs—and are highly subjective.
• Drug Recognition Evaluation (DRE) - A trained DRE officer may conduct a 12-step evaluation to determine drug impairment. These evaluations often include pulse checks, pupil measurements, muscle tone, and other physical signs.
• Blood or Urine Testing - If a DUID is suspected, the driver is typically asked to submit to a chemical test. Blood is the preferred method for detecting drugs, but the timing and handling of the sample are critical.

Challenging the Legal Limit of THC in Colorado

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 a skilled DUID attorney in Denver, like those at Orr Law Firm, to challenge the charges against you.

Common DUID Defenses in Colorado

THC: Marijuana & 5ng/ml Permissible Inference Law

Colorado recently passed a “Permissible Inference” law regarding marijuana and its active ingredient – THC. This arbitrary limit is now set at 5ng/ml of blood. A blood content of 5ng/ml gives rise to a permissible inference that the defendant was under the influence.

Defendants could avoid conviction by presenting evidence that they were not, in fact, impaired. Although that approach is better than a per se rule, the five-nanogram cutoff remains arbitrary. It is not supported by scientific evidence showing that people generally are impaired at that level, and tests suggest that many marijuana consumers drive competently at THC levels far above five nanograms.

The five-nanogram cutoff completely ignores all the science, which indicates that there is no particular number that determines impairment by THC across the population. THC affects everybody differently. There are many people who are not impaired at well over five nanograms, and there are some who are probably impaired at fewer than five nanograms. What this law does is shift the burden of proof to the defendant to prove he or she was not impaired or under the influence.

Understanding these hurdles and the science or lack thereof behind this law is critical in developing a defense strategy to defend clients against DUID cases that involve THC or marijuana. Even the National Highway Traffic Safety Administration (NHTSA) agrees that there is no valid scientific evidence to support a specific level for impairment by THC.

Colorado Prescription Drug DUI Defenses

Most people think of illegal narcotics or marijuana when they think of a DUID or drugged-driving allegation. However, driving under the influence of prescription drugs (/criminal-defense/drug-crimes/prescription-drug-charges/) is probably the most common DUID case that we see. The elements of the offense are the same, except that the state does not have a set per se limit or number that they can use to say everyone over “x” limit is under the influence and everyone over “y” limit is impaired.

In these cases, officers will rely heavily upon poor driving behavior and alleged observations of displayed impairment, such as bloodshot and watery eyes, delayed reaction times, unsteady balance, poor motor skills, pupil size and reaction to light, being confused or disoriented, etc. The state will also rely upon its hired experts to opine as to the levels of the active and inactive drug found within your blood and how those levels correlate to impairment based on the officer’s alleged observations.

Hiring a Local Denver DUID Lawyer

The complexity of DUID cases requires the insight of a local legal team familiar with Denver's traffic policies and court systems. With Orr Law Firm, you benefit from a team deeply knowledgeable about specific Denver regulations and enforcement tactics. 

Our familiarity with Denver's legal landscape allows us to offer advice specifically tailored to local laws, making us a trusted choice for those needing legal representation in the area. We understand the intricacies involved in local law enforcement protocols and how they impact each unique situation, ensuring that each defense is as robust and targeted as possible.

We offer free initial consultations. Get started today by calling our DUID attorney in Denver at (303) 747-4247.

Additional Resources

• Understanding the Average DUID Arrest in Colorado

Frequently Asked Questions About DUID in Colorado

What Are the Consequences of Refusing a Chemical Test in Colorado?

Refusing a chemical test in Colorado, under the state's implied consent laws, can lead to significant immediate consequences. Primarily, a refusal results in an automatic suspension of your driver's license. The duration of the suspension can vary, but typically for a first refusal, it may last up to one year, with increased penalties for subsequent refusals. Furthermore, refusal can be used as evidence of guilt in court proceedings, complicating the defense further.

It's important to note that while the refusal can protect your immediate rights regarding the evidence collection process, it doesn't necessarily benefit the broader legal defense without strategic legal action. An experienced attorney can explore the validity of a refusal's impact and navigate the complexities of its implications on the case. At Orr Law Firm, we guide our clients through these tricky aspects of DUI law, offering strategic options to mitigate the potential fallout.

Can Medical Marijuana Use Affect My DUID Charges?

Medical marijuana, while legally accessible in Colorado for qualifying patients, can still complicate a DUID charge. The central issue is impairment rather than the legality of use. Even though you might have a legal prescription, if law enforcement officers suspect impairment while driving, charges may ensue. Each case involving medical marijuana requires careful navigation of both the rights granted under medical marijuana laws and the standards of impaired driving.

What Should I Do If I Am Pulled Over on Suspicion of DUID?

If you are pulled over on suspicion of DUID, it is crucial to handle the situation calmly and cooperatively while protecting your rights. Initially, ensure that you have your documents ready—such as license, registration, and proof of insurance. When approached by the officer, remain respectful and listen attentively to any instructions they provide. You should exercise your right to remain silent in terms of any potential admissions about substance use.

While cooperation is key, you have the right to refuse certain field sobriety tests; however, keep in mind that refusing chemical tests after an arrest may have immediate legal consequences. It's advisable to contact a lawyer as soon as possible to guide you through the next steps, ensuring that your rights are safeguarded from the moment of arrest. Our attorneys at Orr Law Firm are ready to assist at any stage, providing the support and guidance needed to address a DUID charge.

How Can I Prove That I Was Not Impaired While Driving?

Proving non-impairment in DUID cases involves a multifaceted approach. Evidence, such as video footage, dashcam recordings, and eyewitness testimonies, may provide support. Medical records asserting your capacity to safely operate a vehicle despite medication can also be instrumental. Additionally, challenging the accuracy and administration of sobriety tests can weaken the prosecution's case against you.

Objective evidence and expert testimony often play critical roles in these defenses. Retaining a lawyer with a strong understanding of Colorado's DUI laws is essential to navigate these complexities. Our team at Orr Law Firm provides comprehensive support to gather necessary evidence and challenge any unfair conclusions drawn by law enforcement, working tirelessly to affirm your capability to drive unimpaired.

What Role Do Toxicology Experts Play in DUID Cases?

Toxicology experts are instrumental in many DUID defenses, offering scientific insights that can challenge or corroborate test results and the level of impairment alleged by the prosecution. These experts can explain how different substances affect the body and interpret blood test results in the context of personal tolerance and other influencing factors. Their analyses often illuminate discrepancies or uncertainties in the prosecution's claims regarding impairment.

If I Am Visiting Denver, How Could A DUID Charge Affect My Home State?

If charged with DUID in Denver while visiting, your home state's Department of Motor Vehicles (DMV) could be impacted depending on interstate agreements that allow information sharing regarding driving offenses. Consequently, a conviction in Colorado might affect your driver's license status in your home state, leading to potential suspensions or additional penalties back home.

Our knowledgeable team guides you through the entire process, working diligently to protect your rights and minimize the impact on your life. Whether you're a Colorado resident or an out-of-state visitor, our focus is on achieving the best possible result.