Driving under the influence of marijuana (DUI) and driving while ability impaired (DWAI) are significant legal issues that demand expert legal guidance. In Colorado, where recreational marijuana use is legal for adults, law enforcement maintains strict regulations to ensure road safety. However, the complexities of determining impairment from marijuana use often lead to legal challenges.

Understanding Colorado marijuana DUI laws is crucial due to the complexities involved, including the state’s ‘Express Consent’ law, blood testing for THC levels, and the severe consequences of DUI charges.

For those accused of marijuana DUI or DWAI, it’s essential to understand the legal implications and seek experienced representation. With Smith & Weidinger PLLC, you’ll work with an experienced criminal defense attorney who understands the legal intricacies of a marijuana DUI conviction.

Photo of a Police Arresting a Person

Differences Between DUI and DWAI

DUI

Driving under the influence is categorized as a criminal charge, referring to operating a vehicle with a blood alcohol content (BAC) of 0.08% or higher or under the influence of drugs that impair mental and physical capabilities, potentially leading to significant legal consequences. In regards to marijuana DUI charges, a blood test is required to see if you are above the legal limit of 5 nanograms of active THC per milliliter of blood.

DWAI

Driving while ability impaired is a less severe charge but still carries significant consequences. A DWAI charge may apply if a driver has a BAC of 0.05% to 0.08% or shows signs of impairment due to marijuana or other substances, even at a lower THC level.

While the penalties for DWAI are less severe than those for marijuana DUI charges, both can result in fines, license suspension, and a lasting criminal record. Additionally, facing criminal charges for DWAI can lead to potential administrative penalties and other serious repercussions.

Understanding Marijuana DUI Laws in Colorado

Colorado’s marijuana DUI laws are intricate and can be perplexing, especially for those unfamiliar with the state’s regulations. In Colorado, it is illegal to drive under the influence of marijuana, and these laws are designed to safeguard public safety. The state defines a DUI as impaired driving due to alcohol, one or more drugs, or a combination of both. A marijuana DUI conviction carries the same penalties as a DUI conviction due to alcohol consumption. This means that drivers charged with a marijuana-related DUI will face the same severe consequences as those who were drinking alcohol. Understanding these laws is crucial for anyone driving in Colorado, as even legal marijuana use can lead to significant legal trouble if it impairs your ability to drive.

Legal Implications and Consequences in Colorado

Colorado has been at the forefront of marijuana legalization, but the state also enforces stringent laws to ensure public safety on the roads. Colorado drivers who receive marijuana DUI or DWAI charges may experience significant legal and personal consequences, which vary based on the severity of the offense and the individual’s history.

Criminal penalties for marijuana DUI offenses can be severe, especially for repeat offenders, leading to increased penalties and serious consequences.

Penalties for a First Offense

A first-time conviction for a marijuana DUI or DWAI in Colorado can lead to:

  • License Suspension: Drivers may face up to 9 months of license suspension, which can make it challenging to meet daily responsibilities such as work, school, or family commitments.
  • Fines: In addition to potentially losing driving privileges, financial penalties can reach up to $1,000, as well as court fees and costs associated with mandatory programs.
  • Drug Education and Treatment: Offenders are often required to participate in drug education or treatment programs, which aim to prevent future violations but can be time-consuming and expensive.
  • Jail Time: Although rare for a first marijuana DUI conviction, judges can impose short jail sentences, particularly if aggravating factors are present, such as excessive THC levels following a blood test or involvement in an accident.

Penalties for Repeat Offenses

Repeat offenses carry harsh penalties to deter continued violations, including:

  • Longer License Suspension: Second and subsequent offenses can lead to license revocation for a year or longer, significantly disrupting personal and professional life.
  • Increased Fines: Repeat offenders may face fines exceeding $1,500 and escalating court costs and surcharges.
  • Mandatory Jail Sentences: Colorado law imposes mandatory jail time for multiple DUI/DWAI convictions, ranging from a few days to several months, depending on the circumstances.
  • Extended Drug Education and Treatment: Repeat offenders may need to complete more intensive treatment programs or substance abuse counseling, further adding to the financial and time burden.

A third marijuana DUI conviction carries similar penalties to a second conviction, with severe legal ramifications including extended license suspension, increased fines, mandatory jail sentences, and prolonged drug education and treatment programs.

Collateral Consequences

Beyond the immediate legal penalties, a marijuana DUI in Colorado conviction can have long-lasting impacts:

  • Increased Insurance Premiums: Auto insurance rates typically rise significantly following a conviction, with some insurers refusing coverage.
  • Employment Challenges: A criminal record can make finding or retaining employment difficult, especially in industries requiring a clean driving record or background checks.
  • Professional Licensing Issues: Certain professions, such as healthcare, education, and transportation, may revoke or deny licenses to individuals with a DUI/DWAI on their record.
  • Social Stigma: A conviction may carry a lasting stigma, affecting personal relationships and standing in the community.

Given the severe consequences of a marijuana DUI or DWAI, securing experienced legal counsel is crucial. A skilled attorney, such as one from Smith & Weidinger PLLC, can help mitigate these consequences by challenging evidence, negotiating plea deals, or securing case dismissals in certain circumstances. The right legal representation can make the difference between a minor setback and a life-altering event.

The Risks of a Marijuana DUI Conviction

A marijuana DUI conviction can be devastating, with severe consequences for the driver. In Colorado, the penalties for a marijuana DUI conviction can include hefty fines, jail time, and a suspended license. Beyond these immediate legal penalties, a marijuana DUI conviction can also lead to increased insurance rates, loss of employment opportunities, and lasting damage to one’s reputation. The social stigma and professional setbacks can be long-lasting, affecting various aspects of your life. It is essential to understand these risks and seek the help of an experienced DUI lawyer if you are facing charges. An experienced attorney can help navigate the complexities of your case, challenge the evidence against you, and work towards the best possible outcome.

How Marijuana DUI Arrests Occur

Marijuana DUI arrests can occur in various ways, including during routine traffic stops, accidents, or roadside sobriety tests. Law enforcement officers are trained to detect impaired drivers, including those under the influence of marijuana. If a police officer suspects that a driver is under the influence of marijuana, they may conduct a field sobriety test or request a blood test to determine the driver’s THC levels. It is crucial to understand your rights during a traffic stop, such as the right to remain silent and the right to refuse certain tests. If you are facing charges, seeking the help of a DUI defense attorney is vital. An experienced attorney can help protect your rights, challenge the evidence, and provide a robust defense.

Blood Test Evidence in Marijuana DUI Cases

Blood test evidence is often used in marijuana DUI cases to determine the driver’s THC levels. In Colorado, the legal limit for THC is 5 nanograms per milliliter of blood. If a driver’s THC levels exceed this limit, they may be considered impaired and face charges.

About Smith & Weidinger PLLC

Firm Background and History

Smith & Weidinger PLLC has built a reputation as an experienced personal injury law firm in Colorado. With years of experience, our firm is deeply committed to protecting the rights of individuals accused of DUI and DWAI charges.

Overview of the Legal Team

The legal team at Smith & Weidinger PLLC comprises seasoned attorneys with extensive knowledge of Colorado DUI and DWAI laws. Each DUI defense lawyer brings a unique perspective, ensuring a well-rounded and comprehensive defense strategy.

Legal Defense Strategies for Marijuana DUI and DWAI

Smith & Weidinger PLLC is known for its client-centered approach. We understand the complexities of these DUI cases, particularly the scientific and procedural challenges involved in proving marijuana impairment. Hiring a specialized Denver DUI attorney who is equipped with extensive knowledge of various laws and the scientific aspects of DUI cases is crucial. Our defense strategies focus on thorough investigation, innovative legal tactics, and unwavering client support.

Initial Case Assessment and Investigation

The foundation of a strong defense begins with a detailed case assessment. Creating a strong rebuttal to a DUI case includes:

  • Reviewing Police Reports: Our attorneys scrutinize every detail of the arrest, including the officer’s observations, the reason for the traffic stop, and the administration of any field sobriety or chemical tests.
  • Analyzing Evidence: All physical and digital evidence, such as dashcam footage, body camera recordings, or lab results from blood tests, is carefully reviewed. This can uncover inconsistencies or procedural errors.
  • Identifying Procedural Errors: Law enforcement must follow strict protocols during stops and arrests. Any deviation—such as lack of probable cause, improper testing methods, or failure to inform the accused of their rights—can be used to challenge the validity of the charges.
  • Consulting Experts: When needed, our firm collaborates with forensic toxicologists, medical professionals, and other experts to dissect evidence and provide additional insights into the case.

Legal Approach and Courtroom Tactics

Smith & Weidinger PLLC tailors its legal approach to each client, ensuring a defense strategy that addresses the unique circumstances of their case. Common tactics include:

  • Challenging Field Sobriety and Blood Tests: Blood tests for THC levels can be problematic because THC metabolites can linger in the bloodstream long after impairment has passed. Our firm challenges the accuracy and timing of such tests. Additionally, field sobriety tests are subjective and are not always reliable for determining marijuana impairment. Police officers play a crucial role in investigating suspected cases of driving under the influence of marijuana, often relying on these tests to gather evidence.
  • Presenting Expert Testimony: Expert witnesses, such as toxicologists, can testify about the limitations of THC testing, the non-linear relationship between THC levels and impairment, and the potential for false positives. There is no universally accepted threshold for marijuana impairment. Colorado’s 5-nanogram limit for active THC is controversial and lacks strong scientific support.
  • Negotiating With Prosecutors: In cases where dismissal isn’t possible, our attorneys leverage their knowledge and reputation to negotiate reduced charges or penalties, such as downgrading a DUI to a DWAI or advocating for alternative sentencing programs.

Client Communication and Support

Smith & Weidinger PLLC places a strong emphasis on client-focused representation, ensuring every individual feels supported and informed throughout the legal process:

  • Open and Transparent Communication: Clients receive regular updates on their case’s progress and are encouraged to ask questions to fully understand their situation and options.
  • Emotional Support: Being charged with a marijuana DUI or DWAI can be overwhelming and stressful. Our firm recognizes this and provides a supportive environment to help clients navigate the emotional challenges of their cases.
  • Customized Legal Strategy: No two cases are the same, and our firm ensures that each client receives personalized legal advice tailored to their specific circumstances and goals.
Photo of a Lawyer with a Client

Understanding Legal Rights and Procedures

Every individual accused of marijuana DUI or DWAI has the right to legal representation. Smith & Weidinger PLLC protects this right, advocating fiercely for fair treatment.

For those facing denver marijuana dui charges, seeking legal assistance is crucial to navigate the complexities of such cases and ensure proper defense.

Field sobriety tests and blood tests for marijuana impairment are not foolproof. The attorneys at Smith & Weidinger PLLC are well-versed in these methods’ scientific and procedural flaws, using their knowledge to challenge unreliable evidence.

What to Do After a Marijuana DUI Arrest

If you have been arrested for a marijuana DUI, it is essential to seek the help of an experienced DUI lawyer as soon as possible. A DUI defense attorney can help you understand your rights, challenge the evidence against you, and build a strong defense. It is also crucial to understand the consequences of a marijuana DUI conviction and take steps to protect your rights and interests. By seeking the help of a qualified DUI lawyer, you can ensure that your rights are protected and that you receive the best possible outcome in your case. Immediate legal assistance can make a significant difference, helping you navigate the legal system and mitigate the harsh penalties associated with a marijuana DUI conviction.

Common Challenges in Marijuana DUI and DWAI Cases

Blood Test Accuracy and Validity

Determining impairment from marijuana is far more complex than alcohol. THC can remain in the bloodstream for days or weeks after use, making it difficult to correlate THC levels with actual impairment. Smith & Weidinger PLLC leverages this ambiguity to build strong defenses.

Potential Bias and Misconceptions

Societal biases and misconceptions about cannabis use often influence marijuana-related DUI and DWAI cases. Our firm’s attorneys work to dispel these biases, presenting clear, factual arguments to judges and juries.

Contact Smith & Weidinger Today

Facing a marijuana DUI or DWAI charge in Colorado is a serious matter that requires expert legal assistance. Smith & Weidinger PLLC has a proven track record of helping clients navigate these complex cases, protecting their rights, and safeguarding their futures.

If you or a loved one is facing charges, contact Smith & Weidinger PLLC for a confidential, free consultation. We are dedicated to defending your rights and preserving your future.