Logo of Law Office of Richard B. Huttner

Charged with a Crime? Get Help Now!

Can You Be Arrested for Driving High?

DUI Defense

While it may be legal for adults to buy and sell cannabis in the state of Colorado, there are strict laws against driving under the influence of marijuana. If any motorist is found to be operating a vehicle while impaired, they could face serious legal consequences including hefty fines, license suspension, and jail time.

If you are facing charges of driving while ability impaired (DWAI), or driving under the influence (DUI), contact the Law Office Of Richard B. Huttner. At our law firm, you can consult with an experienced criminal defense attorney who is well-versed in DUI laws and can help you fight against the charges.

Understanding the Marijuana DUI Laws in Colorado

According to Colorado Laws, adults aged 21 and older are allowed to possess up to 1 ounce of retail marijuana. Just like many other states, the marijuana laws in Colorado have been relaxed over the years. Just as the Blood Alcohol Concentration (BAC) level is used for an alcohol-related DUI conviction, there is an established legal limit for THC.

Any motorist found to have 5 nanograms or more of THC or more in their system can be charged with driving while high. Even if a person uses marijuana for medical reasons, they can be arrested for impaired driving. The specific charges for being caught driving high depend on the level of impairment. A DUI for driving while high is a serious charge.

The prosecution often focuses on how the marijuana affected the driver, not the actual amount of controlled substance in the system.

Consequences of Driving High

The penalties for driving high or other DUI offenses depend on several factors, including the level of THC in the blood and whether this is a first offense or the driver has a history of DUI. The penalties can range from a few hundred dollars in fines and up to one year in jail for a first offense to $1500 in fines and up to two years in jail. In some cases, the same penalties and DUI laws apply to marijuana DUIs and cases that involve an alcohol DUI.

Aggravating factors such as causing a crash that led to serious bodily harm or the death of others can lead to felony charges and more severe penalties, including a longer jail or prison sentence. The department of motor vehicles may suspend the driving license and order the use of an Ignition Interlock Device (IID) for drivers who refuse testing, have a high blood/breath alcohol content or have multiple offenses

While there is no roadside test for marijuana, there is a blood test that can measure the THC level. When you apply for a driver’s license in Colorado, you automatically give your “express consent” to be tested post-arrest for DUI to check for marijuana metabolites in the system.

If you refuse testing, you could face license suspension and other penalties. For specifics about the consequences of driving high in Colorado, consult with our attorney at the Law Office Of Richard B. Huttner. We can help you understand the charges you face and discuss your legal options.

Defenses and Legal Strategies for Driving High Charges

The most common defense against driving high charges is challenging the evidence. Your attorney could challenge the credibility of witnesses, the accuracy of the drug tests, or the procedures used during the DUI arrest. If you can prove that the police did not have probable cause to pull you over and test you, any evidence collected can be dismissed in court.

Your attorney can also attempt to prove that you were not impaired when driving. Just because you had marijuana, doesn’t mean that you were impaired. The effects of marijuana start to subside in a few hours after consumption. So, depending on the amount of marijuana you consumed, your tolerance levels, and other factors, it’s possible you were not impaired enough to be charged with a crime. There are other defenses to driving high charges, including the presence of certain medical conditions or a faulty testing procedure.

Consult with a Criminal Defense Attorney

Allow the Law Office Of Richard B. Huttner to defend you against your DUI charges. We have extensive experience in DUI marijuana cases and know how to defend our clients’ rights. You can explore our website for more information about our legal services. When you’re ready, contact us to schedule a consultation with one of our DUI lawyers.

3 + 8 =