In Colorado, police can arrest drivers for DUI if their blood alcohol content is 0.08 percent or higher. (This limit applies to adults over the age of 21; for those under 21 years of age it is only 0.2 percent.) The Centennial State has also passed a marijuana DUI law making it an offence to operate a vehicle with more than 5 nanograms of THC in their system. THC (Tetrahydrocannabinol) is the active ingredient in marijuana.
Traffic Stop For Suspected Marijuana DUI
Since January, 2014, Colorado residents aged 21 years and older can legally purchase up to one ounce of marijuana or grow up to six marijuana plants. Visitors to the state can buy up to one-quarter of an ounce of marijuana legally.
Police officers can stop a driver who is suspected of driving under the Influence of marijuana. Unlike a DUI for alcohol, where a breathalyzer is used to measure whether a person is impaired, drivers in this situation are asked to provide a blood sample for analysis.
Guilt Not Necessarily Established With Blood Results
If you or a loved one have been charged with a marijuana DUI in Denver based on the blood test results coming back at 5 nanograms of THC or higher, you may be tempted to simply plead guilty to the charge “to get it over with.” This is not the only option.
Consult A Denver Criminal Attorney Immediately
You need someone on your side who can review the facts of the case and advise you about your rights and the options for defending the charge against you.
- Your lawyer will look at whether the police had grounds to stop you initially. Were you driving erratically? Did you run a red light or commit any other traffic violation which led them to think you were impaired?
- THC enters the blood stream when marijuana is smoked or ingested and the level can stay elevated long after its effects have worn off. Regular users can still test at elevated levels days or weeks after the last time they used pot, since THC remains dissolved in fatty tissues in the human body. The rate at which it leaves the system can vary from person to person. Your lawyer can argue that a THC level of 5 nanograms or above does not necessarily mean that you were smoking or ingesting pot on the same day you were stopped for a marijuana DUI in Denver.
Call The Marijuana DUI In Denver Experts
If you have been stopped for a marijuana DUI in Denver, you need expert advice about how to defend yourself against the charge. Call the office of Richard B. Huttner, P.C., right away. You can reach us 24 hours a day, seven days a week.