Recreational and medical marijuana consumption is legal in Colorado. Inevitably, the availability of weed in Colorado means that some people get behind the wheel after they smoke. It also means that Colorado police officers are hyper-vigilant about arresting drivers they suspect of violating marijuana DUI laws in Colorado.
According to a survey by the Colorado Department of Transportation (CDOT), approximately 17.6% of cannabis consumers reported driving within 2-3 hours of using cannabis. Marijuana use can slow down a person’s reaction time and impair their motor skills, among other effects. We know that not everyone charged with a marijuana DUI is guilty of committing a crime. Still, the pressure to accept an unfavorable plea agreement just to resolve your case is typically heavier than you might anticipate.
A Boulder DUI lawyer at The Ferrell Law Firm, PLLC, can review the details of your case and create a strategy to protect your rights.
Colorado Marijuana DUI Laws
Colorado law prohibits anyone from driving a motor vehicle while under the influence of one or more drugs, including marijuana. In Colorado, “under the influence” means the driver’s ability to drive safely is substantially impaired by the drug or drugs in their system. Delta 9 THC is the psychoactive substance in marijuana that causes impairment. The legal limit of active Delta 9 THC that gives rise to a permissible inference that a person is under the influence of marijuana is five nanograms or more per milliliter of blood.
For regular marijuana users, Delta 9 THC can stay in their bloodstream even when they are not currently impaired. Therefore, police officers rely heavily on observations of the accused and any signs of impairment.
If your blood level was below five nanograms of Delta 9 THC but above zero, you’ll likely face charges of driving while ability impaired (DWAI) instead of DUI charges. A DWAI conviction warrants less severe penalties than a DUI conviction.
Penalties for a DUI Weed Charge in Colorado
Colorado imposes strict penalties for driving under the influence of marijuana to discourage recreational and medical cannabis users.
First Weed DUI Conviction
In Colorado, a first-time weed DUI conviction is a misdemeanor. The potential penalties for a first-time weed DUI conviction include:
- A minimum of five days and a maximum of one year in jail,
- A fine of up to $1,000,
- License revocation for up to nine months,
- Up to 96 hours of community service, and
- Mandatory substance abuse classes.
This only includes the criminal penalties associated with the conviction.
Second Weed DUI Conviction
Colorado considers a second weed DUI conviction a misdemeanor offense. The potential penalties for a second weed DUI conviction include:
- A minimum of ten days and a maximum of one year in jail,
- A fine of up to $1,500,
- At least two years of probation,
- License revocation for up to one year,
- Up to 120 hours of community service,
- Mandatory substance abuse education courses, and
- Installation of an ignition interlock device for up to two years.
Without an attorney, you could receive each of these penalties for a DUI conviction.
Third Weed DUI Conviction
A third DUI conviction is also a misdemeanor in Colorado. The potential penalties for a third weed DUI conviction include:
- A minimum of 60 days and a maximum of one year in jail,
- A fine of up to $1,500,
- Up to four years of probation,
- License revocation for up to two years,
- Up to 120 hours of community service,
- Mandatory substance abuse education courses, and
- Installation of an ignition interlock device for up to two years.
Further, DUI convictions will carry more severe penalties than the ones listed above.
How Does Law Enforcement Test for Marijuana Intoxication?
Colorado law requires drivers who are arrested under suspicion of DUI to submit a chemical test to determine whether they have marijuana in their system. Drivers who refuse to provide a blood, saliva, or urine sample can face additional charges for their refusal.
The sample must be obtained within two hours of the person’s driving, per statute. Only authorized parties like physicians, nurses, and EMS providers can withdraw blood samples to determine the drug content.
What Does Law Enforcement Look for Before an Arrest?
Many Colorado police officers receive specialized training and become Drug Recognition Experts (DREs) to detect physical and psychophysical signs of impairment. The signs officers will look for include:
- Decreased, divided attention,
- Lowered inhibitions,
- Impaired executive function,
- Slowed reaction time,
- Inability to stay in a single lane, and
- Impaired cognitive functions.
Officers will also look for physical signs of marijuana impairment, like red eyes and smells of cannabis.
Defenses to Colorado Weed DUI Laws
If a legal defense puts an element of your DUI charge in doubt, the prosecutor may agree to reduce the DUI charge to reckless driving or dismiss the charge entirely. Legal defenses that can apply to a marijuana DUI case include:
- An unauthorized person collected your blood sample;
- Law enforcement lacked reasonable suspicion to pull you over;
- The chemical testing equipment was not calibrated regularly;
- Your chemical test was collected incorrectly;
- Officers did not read you your implied consent advisement; or
- You were not driving the vehicle.
An experienced lawyer can request a copy of the police report that details the circumstances of your arrest and information about your chemical test. We can also obtain BWC footage of your DUI arrest to help build a strategy for your case.
Facing a DUI Weed Charge in Colorado? Contact The Law Ferrell Law Firm, PLLC, Today to Discuss Your Case
A marijuana DUI attorney can give you the best opportunity to get your DUI charge dismissed or reduced. As a former prosecutor, Attorney Michael Ferrell knows how to identify weaknesses in the prosecution’s case and increase your chances of achieving a positive outcome.
Michael has a 5-star rating on Avvo and received the Clients’ Choice Award for 2023. Our team is committed to protecting our clients’ rights and putting their interests first. Contact The Ferrell Law Firm, PLLC, today to discuss your case with a member of our team.
Michael, founder of The Ferrell Law Firm, PLLC, specializes in criminal defense and personal injury law. With a background in substance abuse treatment, he brings empathy and understanding to his legal practice. A former Deputy District Attorney in Arapahoe County, Michael has extensive experience prosecuting a wide range of criminal cases, including DUIs and domestic violence. His law degree from the University of Denver Sturm College of Law, combined with his hands-on experience in criminal law, positions him as a knowledgeable and effective advocate for his clients’ rights.
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