Colorado Marijuana DUI Laws: The Legal Limit
With recreational pot being legalized in Colorado, lawmakers have been scrambling for months to pass laws that would establish legal limits for driving under the influence of marijuana (specifically, THC – the psychoactive agent in marijuana). Recently, Colorado marijuana DUI laws were passed, and these new statutes stipulate that:
- Drivers with more than 5 nanograms of THC per milliliter of blood could be ticketed and arrested for a drug-related DUI.
- Unlike alcohol drunk driving offenses, marijuana DUIs would not be “per se.” This means that a marijuana DUI ticket and charges would not automatically result in a conviction if the individual tests above the legal limit. Instead, the charges would create a reasonable inference for a judge that a person could have been too impaired to drive.
- Police still need probable cause to pull over a driver who they suspect to be too intoxicated to drive due to marijuana use.
- Police are not allowed to consider a person’s medical marijuana card status as probable cause for requesting a field sobriety test or a blood test.
While law enforcement officials hope to minimize any impaired driving with these new Colorado marijuana DUI laws, it’s important that those who have been accused of a marijuana DUI understand that:
- Proving marijuana impairment is far more difficult than proving alcohol impairment, as different people have different tolerance levels.
- Police are not typically trained as drug recognition experts, which means that they will not be as proficient at establishing alleged signs of marijuana intoxication as they would be at establishing signs of possible alcohol impairment.
At Werking Law, our esteemed Denver criminal defense attorneys are dedicated to fiercely defending the rights of those accused of any misdemeanor or felony crime regardless of whether the accused has a criminal record. While we are skilled negotiators who have a proven track record of securing advantageous plea bargains for our Clients, we are also aggressive litigators who are not afraid to see any case through trial in order to help our Clients achieve the best possible resolution to their case. If you have been charged with any misdemeanor or felony crime, contact us by calling (303) 565-7726 for a free initial consult for professional advice regarding the best manner in which to mount your defense.