In Colorado, both medical and recreational cannabis have been legalized; however, there are specific requirements for eligibility to use them. Additionally, laws are in place to regulate the conduct of individuals under the influence of marijuana or its derivatives. Similar to intoxication caused by alcohol, prescription drugs, or other substances, driving under the influence of marijuana can lead to a DUI charge.

Addressing the question of whether medicinal marijuana users are exempt, the Colorado Department of Transportation (CDOT) provides a clear response: "No." Even if you hold a medical marijuana card, driving while impaired can still result in a DUI arrest."

How To Determine Someone Is Under The Influence Of Marijuana While Driving In Colorado

Unlike alcohol intoxication, which can be promptly measured through blood or breath tests, assessing impairment due to marijuana is a more intricate process. The psychoactive component in marijuana, THC, degrades over time, making it challenging to establish an accurate level of intoxication. As a result, law enforcement primarily relies on observing the driver's behavior and noting the level of marijuana impairment in their documentation.

Currently, there is no standardized protocol to directly measure marijuana intoxication in drivers. One method employs testing for Carboxy THC, which was chosen due to its prevalence in marijuana. However, further research has shown that Carboxy THC may not be a reliable indicator of impairment. High levels of Carboxy THC can be present in a person's system even if they have not used marijuana recently, leading to potential inaccuracies in determining impairment.

In Colorado, police officers use a different roadside test for marijuana DUI cases. Accused drivers undergo a THC blood test, which measures the level of delta-9-THC in their system. If the level of delta-9-THC exceeds five nanograms, individuals could face DUI charges. It is important to note that a skilled Colorado marijuana DUI attorney can play a crucial role in such cases, as they can challenge the charges and help seek the most favorable outcome based on the evidence presented. Due to the complexity of assessing marijuana intoxication, relying on observed impairment and comprehensive legal representation becomes essential in handling these cases effectively.

Marijuana DUI Penalties In Colorado

In Colorado, a marijuana DUI conviction, as defined under Colorado Revised Statute 42-4-1301, can result in various penalties based on the number of offenses:

• First Offense - For a first offense, penalties may include jail time ranging from five days to one year, a fine of $600 to $1,000, a driver's license suspension of up to nine months, and a maximum of 96 hours of mandatory community service.
• Second Offense - A second conviction for a marijuana DUI leads to more severe consequences, such as jail time ranging from ten days to one year, a fine of $600 to $1,500, a driver's license suspension for up to one year, and up to 120 hours of mandatory community service. Additionally, an ignition interlock device must be installed for two years following the reinstatement of the driver's license.
• Third Offense - For a third marijuana DUI conviction, the penalties escalate further, including jail time from 60 days to one year, a fine of $600 to $1,500, a driver's license suspension of up to two years, and the mandatory installation of an ignition interlock device for two years after the license is reinstated.

It's essential to be aware that Colorado also has a related charge known as "driving while ability impaired" (DWAI), which carries lesser penalties but still has significant consequences. A DWAI conviction can result in points on your driving record, leading to increased insurance costs both in the present and future.

Given the serious repercussions of a marijuana DUI conviction, seeking legal representation from a skilled attorney is vital to navigate the complexities of the legal system and strive for the best possible outcome in such cases.

Contact A Colorado Springs DUI Attorney Near You

If you have been charged with a marijuana DUI in Colorado Springs or the surrounding area, it is crucial to seek immediate assistance from a Colorado Springs DUI attorney with expertise in handling DUI cases. Navigating the legal complexities of marijuana-related charges requires a skilled and knowledgeable attorney who can protect your rights and build a strong defense on your behalf. A reputable attorney will thoroughly examine the details of your case, challenge any weak evidence, and work tirelessly to achieve the best possible outcome for you. Don't face these charges alone – reach out to a local Colorado Springs attorney to ensure your rights are protected and to receive the guidance and advocacy you need during this challenging time.