Denver DUI with Marijuana Lawyer

Turn to Our Legal Advocate When You’ve Been Pulled Over

Since 2014, it has been legal to purchase marijuana in Colorado. However, possession, use, and distribution of marijuana remains a crime on the federal level. While many residents believe they can only be charged with a DUI if they have alcohol in their system, driving under the influence of marijuana is also illegal and you could be facing DUI charges for this offense as well.

If you are facing charges for driving under the influence of marijuana while driving, call our Denver marijuana DUI lawyer at (720) 548-2990 now.

Defining Drugged Driving with Marijuana

While drivers over the age of 21 can legally purchase marijuana, it is still illegal to drive if you are under the influence of this substance as well as others. During 2014, 123 drivers who were involved in fatal accidents on Colorado roadways were found to be under the influence of drugs, 84 of them under the influence of marijuana.

These statistics show that Colorado law enforcement takes drugged driving very seriously. In the case of marijuana, Colorado has mandated that drivers who have a THC (tetrahydrocannabinol) level of five nanograms may be charged with drugged driving; specifically, DUI-D.

Colorado Expressed Consent Rules

Since it is impossible to determine how much THC a person has in their system by any means other than a blood test, it is important for drivers to understand Colorado’s expressed consent rules. A refusal to submit to such a test could result in your right to drive being suspended for as long as a year. Call an experienced Denver DUI attorney now to save your license and start building your defense.

Penalties for DUI of Marijuana

There is no difference in the penalties for driving under the influence of marijuana (or other drugs) and driving under the influence of alcohol. It is important to speak with a criminal defense attorney immediately if you have been charged under the Colorado DUI with marijuana statutes defined under Co. Rev. Stat. Ann. § 42-2-124 to 127.

The penalties you could be facing include:

• First conviction – you could be facing a loss of driving rights for up to 9 months, up to a year in jail and fines of up to $1,000. In addition, you could also be required to provide up to 96 hours of public service.
• Second conviction – driving rights will be suspended for 12 months and a conviction may also result in up to a year in jail, fines of up to $1,500 and up to 120 hours of public service.
• Third conviction – those who have two prior convictions and are convicted a third time will lose their license for two years. In addition to facing up to a year in jail, a conviction will result in fines of up to $1,500 and up to 120 hours of community service. The exception to this is if the third (or subsequent) conviction occurs during a seven-year period, you may be considered a habitual traffic offender and there could be mandatory five-year loss of your driving rights (§ 42-2-202).

Remember that Colorado’s law enforcement officers are trained to identify impaired driving whether a person is under the influence of alcohol or drugs. It is also important to keep in mind even those who are using marijuana for medicinal purposes may be charged with DUI with marijuana; your level of impairment will determine if you will be charged.

Call a Denver Marijuana DUI Lawyer

Your driving rights are at stake if you are stopped and charged with marijuana DUI, therefore, it is important to work with an experienced and confident Denver criminal defense attorney.