Experienced Denver Criminal Defense Attorney for Weed-Related DUI Charges
Just because recreational marijuana is legal in the state of Colorado does not mean that there are no laws regulating its use. Driving under the influence of marijuana can lead to severe consequences, from license suspension to hefty fines and potential jail time. If you’re facing such charges, you need a skilled and experienced attorney who understands the nuances of Colorado’s marijuana DUI laws.
Jeff Weeden of WeedenLaw is your advocate in these challenging times. Known for his tenacity and comprehensive defense strategies, Jeff is dedicated to protecting your rights and helping you successfully navigate the legal system. Trust the experienced team at WeedenLaw to provide the defense you need to contest your marijuana DUI charges and protect your future.
To learn more about your legal options and the penalties you may be up against, we encourage you to speak with an experienced Denver marijuana crime attorney at our firm. Simply give us a call at (720) 307-4330 or reach out online today to get in touch.
Is It Legal to Smoke Weed and Drive in Colorado?
Smoking cannabis or “weed,” similar to consuming alcohol, can potentially lead to a DUI charge (or in this case, a DUID charge) if a person is caught driving under the influence. This applies even in Colorado, where recreational marijuana use is legal but regulated with specific impairment levels, especially when operating a vehicle. This also applies to those who use marijuana medicinally.
The intention behind this law is clear: to ensure that individuals who choose to use marijuana do so responsibly and to impose penalties on those who fail to adhere to safe driving practices by driving under the influence of marijuana.
This legislation shows Colorado’s commitment to enhancing road safety and upholding consistent standards of sobriety across all drivers, regardless of the substance affecting their impairment. It represents a growing approach to reducing the risks on the roads and protecting the well-being of all road users.
Colorado Marijuana Driving Laws
In Colorado, police officers have the authority to stop and investigate drivers suspected of being under the influence of marijuana while operating a vehicle. Under Colorado’s marijuana driving laws, if a driver has five nanograms or more of THC per milliliter of blood, there is a “permissible inference” that the driver is impaired by marijuana and therefore, their ability to drive safely is compromised. In this case, they may face DUID charges, which stands for Driving Under the Influence of Drugs.
When a driver is suspected of driving under the influence of one or more drugs (known as either DUID or DWAI in Colorado, which means driving while ability impaired), they may face both criminal charges and administrative penalties. This can include license suspension, fines, jail time, and mandatory drug education classes, among other penalties. Understanding and complying with these laws is crucial to avoid the serious repercussions associated with marijuana-impaired driving in Colorado.
Are Marijuana DUI Arrests Common in Colorado?
Yes, marijuana DUI arrests are quite common in Colorado, with a growing number of cases since its recreational legalization in 2012. According to an article posted by the Colorado Department of Transportation (CDOT), in 2020, nearly 65% of Colorado drivers arrested in a DUI case tested posted for at least one drug, and about 25% tested positive for two or more drugs in their system. Of those tested, roughly 33% tested positive for marijuana, while 28% tested positive for alcohol.
The article also states that those who drive under the influence of marijuana may be up to 3 times more likely to be involved in a motor vehicle accident, emphasizing the importance of driving safely and responsibly by refraining from driving under the influence of cannabis.
How Much is 5 Nanograms Per Milliliter?
Colorado has set the legal limit for marijuana impairment at five nanograms per milliliter of whole blood. This means that if you are found with active THC levels of five or more nanograms per milliliter of blood in your system while driving, you will likely be charged with a DUID.
Five nanograms per milliliter is an extremely small amount. To put it into perspective, a nanogram is one billionth of a gram. If a paperclip weighed one gram and if you sliced that paperclip into one billion equal pieces, each piece would be one nanogram. For further context, a milliliter is equal to about 20 drops of liquid, which wouldn’t even fill a tablespoon halfway.
How Long Does it Take to Get Under 5 Nanograms?
The time it takes for your body to get under 5 nanograms depends on a number of factors. For instance, if you smoke 35 mg or less of marijuana, it is recommended that you wait at least 6 hours before operating a vehicle. However, those who smoke more than 35 mg should wait even longer, generally 7-8 hours or more.
Taking edibles or drinking THC-infused beverages is a bit different, as the effects typically take longer to set in and therefore, last longer than if you were to smoke. As such, it’s recommended that those who have consumed 18 mg or less of THC wait a minimum of 8 hours before driving, whereas those who’ve consumed more should wait even longer.
The issue with this limit, which many find unfair and arbitrary, is that THC affects people differently. For instance, one person could have a THC level exceeding 5 nanograms even if they have been marijuana-free for the last 5 or 6 hours. There is also the fact that habitual users may recover from impairment much faster than those with less experience smoking or consuming THC products, making this law a bit tricky to navigate.
As the same THC intake level can have vastly different effects on vastly different individuals, depending on various factors such as metabolism, body composition, and frequency of use, this standardized limit does not always accurately reflect impairment or intoxication for every person.
How Do They Test for Weed DUI?
When a driver is suspected of a weed DUI or “DUID,” a law enforcement officer may conduct field sobriety tests and, if necessary, call a drug recognition expert to evaluate signs of impairment.
Testing for a marijuana DUI differs significantly from testing for alcohol impairment. Unlike alcohol, where Blood Alcohol Content (BAC) can be easily measured using a simple breath test, marijuana impairment requires more complex testing methods. In these cases, law enforcement officers typically use a blood test or saliva swab to determine the THC content in a driver’s system. THC, the active ingredient in marijuana, can remain in the body for extended periods, making it challenging to pinpoint recent use versus habitual use.
While hair and urine tests can also detect traces of THC, they are generally less accurate than saliva swabs and blood tests. These tests help establish whether the driver’s THC content meets or exceeds the permissible inference threshold, indicating they might be unable to drive safely due to impairment.
What are the Penalties for a CO Marijuana DUI Conviction?
In Colorado, if a person drives while impaired by marijuana and is caught by police officers, they can face harsh penalties if convicted. These penalties can vary depending on the driver’s criminal history and the specifics of the offense. As such, repeat offenders or those involved in accidents may face increased fines, longer license suspensions, and substantial jail time. The penalties also vary depending on whether the offense is considered a DUID or a DWAI charge.
First Marijuana DUI Conviction in Colorado
Under Colorado Revised Statute 42-4-1301, a motorist is guilty of a marijuana DUI if, due to marijuana use, they are substantially incapable, whether mentally, physically, or both, of exercising clear judgment and operating their vehicle safely. The penalty for a first DUI offense related to marijuana use includes:
- Anywhere between $600-$1,000 in fines
- Driver’s license suspension of up to nine months
- 96 hours of community service
- Between 5 days to up to 1 year in jail
The laws surrounding DWAI in Colorado are a bit different. To face these charges, drivers only need to be mentally or physically impaired to the slightest degree rather than substantially incapable. The penalties for a first-time DWAI conviction in Colorado are as follows:
- Anywhere between $200-$500 in fines
- 48 hours of community service
- 8 points on your driving record
- Between 2 days to up to 180 days in jail
Second Marijuana DUI Conviction in Colorado
For a second conviction of a marijuana DUI, drivers face enhanced penalties. This includes:
- Anywhere between $600-$1500 in fines
- Driver’s license suspension for up to one year
- 120 hours of community service
- Required ignition interlock device (IID) installation for up to two years following license reinstatement
- Between 10 days to up to 1 year in jail
When charged and convicted of a second marijuana DWAI in Colorado, the defendant may face:
- Anywhere between $600-$1500 in fines
- 120 hours of community service
- 8 points on your driving record
- A minimum of 10 days and a maximum of 1 year in jail
Third Marijuana DUI Conviction in Colorado
For third-offense marijuana DUI convictions, penalties may include:
- Anywhere between $600-$1500 in fines
- Driver’s license suspension for up to two years
- Required ignition interlock device (IID) installation for up to two years following license reinstatement
- Between 60 days to 1 year in jail
The potential penalties for a third DWAI conviction are the same as those prescribed for the second conviction.
Any Subsequent Convictions
After your third conviction, any additional convictions can drastically increase the criminal penalties you face. For fourth or subsequent offenses for both DUID and DWAI, you face serious felony charges and potentially up to 6 years in prison and fines reaching up to $500,000.
Why You Need an Experienced DUI Lawyer for Marijuana DUI Charges in Denver
When facing marijuana DUI charges in Denver, Colorado or the surrounding areas, it is highly advised that you seek help from an experienced DUI lawyer as quickly after your arrest as possible. In a criminal case, especially a DUID case, the stakes are high, and having a seasoned attorney can make a world of difference in your case’s outcome.
An experienced DUI defense lawyer like Jeff Weeden knows how to scrutinize and counter negative evidence provided by the prosecution, build a strategic legal defense, and offer evidence that supports your innocence in court or otherwise strikes down the case against you.
Given the complex nature of Colorado marijuana DUI laws and the potential for severe, life-altering consequences, including fines, license suspension, and imprisonment, having legal representation from an experienced Denver criminal defense attorney ensures that your rights are protected while increasing the chances of a favorable outcome.
Call Jeff Weeden at WeedenLaw for a Free Consultation With a Denver Marijuana DUI Lawyer
If you have been charged with a marijuana-related DUI in the Denver, CO area, you may feel panicked and unsure of where to turn. For a strong ally in this challenging situation, your first move should be to contact renowned Denver DUI defense attorney Jeff Weeden at WeedenLaw for personalized legal assistance.
As a long-time Colorado attorney, Mr. Weeden has extensive experience with both marijuana crimes and DUI cases, including those that intersect. He has defended many clients in similar situations and possesses the experience, determination, and resources necessary to fight your Colorado marijuana charges.
Request a free consultation with Mr. Weeden to begin building your strongest defense today. Call (720) 307-4330 or reach out online to get started.
