In the state of Colorado, marijuana has been legal for recreational consumption since 2012. While laws on driving under the influence of alcohol have been well-known by the drivers of Colorado for many years, the laws on consuming THC products and driving are not well-known.
Driving while under the influence of marijuana in Colorado is illegal. Just as with alcohol, the state has determined a set amount of THC that is considered to be “over the limit”. Being over the limit refers to a scientifically determined amount of THC or alcohol in the system that shows the driver can no longer operate their vehicle without being impaired.
When driving on Colorado roadways, it is never wise to do so while under the influence of marijuana. While it may not have the same effects as alcohol, marijuana can impair a driver’s ability to operate their vehicle safely. However, many individuals can tell when they’ve had too much alcohol to drive, but many are also unsure of how much THC is too much to drive in Colorado.
There has long been an understanding of how alcohol impacts your driving, but as marijuana use becomes more acceptable, it is becoming clearer how it may affect individuals while they are driving. Drivers should contact a Colorado DUI lawyer as soon as possible if they have been arrested for a DUI in Colorado, regardless of what state-altering substance they have used.
How Can The Amount Of THC In Someone’s System Be Determined?
While blood alcohol content for DUIs can be determined either through a breathalyzer or blood test, the only way to determine the amount of THC an individual has in their system is through a blood test or urine. For the purposes of DUI charges, blood tests are conducted.
When initially pulled over, law enforcement can ask the driver to conduct a series of roadside tests to determine whether the driver is under the influence. While marijuana has much less severe effects on a driver’s ability to operate their vehicle safely, there are still ways in which marijuana can cause impairment for a driver. According to a study conducted by the National Organization for the Reform of Marijuana Laws (NORML), marijuana does not adversely affect a person's reflexes or motor skills when driving. It has also been reported that marijuana-impaired drivers tend to adjust their driving style based on their impairment, such as reducing their speed and being more attentive to hazards as a result of their impairment.
What’s Considered To Be “Over The Limit” For Marijuana DUIs?
According to the Colorado Department of Transportation, drivers are prohibited from driving with five nanograms or more of active THC in their bloodstream. Active THC is a chemical found in marijuana that causes intoxication. Both the medicinal use of marijuana and the recreational use of marijuana fall under this purview. It is common for police officers to conduct chemical tests when a person is suspected of being under the influence of alcohol, but they can also arrest the individual based on probable cause. In the same way, a driver that shows signs of impairment due to the use of marijuana may be arrested without undergoing a chemical test.
As a condition of receiving a Colorado driver's license or operating a vehicle on Colorado roadways, both residential and nonresidential drivers are automatically subject to these tests. The term "express consent" is often used to describe this process.
Problems With Marijuana DUI In Colorado
Cannabis charges may be imposed even if the individual did not appear to be impaired at the time of their arrest if he or she is a frequent marijuana user. According to Leaf Science, cannabis smokers may retain traces of THC for several days following their last use. THC tends to stay in an individual’s system longer than other drugs because it is fat-soluble. This means that any THC consumed is stored within the fat cells in the body. Therefore, if an individual is a habitual user of marijuana, they could be over the limit without even consuming THC before getting behind the wheel. Although the effects may vary from person to person, those who use marijuana habitually will have marijuana in their systems for longer periods of time.
Denver and other areas where the use of marijuana is legal are still relatively new to marijuana use and driving. In this regard, it may be confusing for drivers to know how much marijuana they can consume and still legally drive. Having an experienced DUI lawyer review your case can be beneficial if you are facing marijuana DUI charges.
Common Defenses For THC DUI In Colorado
Each DUI case will present different factors and testimonies. Therefore the defenses that can be used for each marijuana DUI defense will be different. However, with a skilled Colorado marijuana DUI lawyer by their side, those charged with driving under the influence of marijuana may be able to use the following defenses in order to aid in having their charges dropped or reduced:
- The law enforcement officer had no probable cause to pull the defendant over in the first place.
- The driver was not properly advised of their rights.
- The law enforcement officer improperly followed procedures during the DUI blood test
- The suspicion of drug use or the blood test that was given to the driver did not have any reasonable basis.
- The driver was driving poorly for a different reason that is totally unrelated to being under the influence of marijuana (such as distracted driving, sickness, or fatigue).
- The operation of the vehicle was not affected by the driver being under the influence of marijuana.
