Marijuana DUI's in Colorado: What You Should Know

The legalization of recreational marijuana in Colorado has brought about significant changes in various facets of daily life, including driving laws. While marijuana use is legal, it remains illegal to drive under its influence. This article explores what you need to know about marijuana DUIs in Colorado, providing clarity on the laws, penalties, and safety tips for responsible cannabis consumption.

Understanding Marijuana Laws in Colorado

Since Colorado legalized recreational marijuana in 2012, the state has implemented comprehensive regulations to manage its use, distribution, and consumption. Marijuana law in Colorado allows adults aged 21 and over to purchase, possess, and use up to one ounce of marijuana. Additionally, individuals can cultivate up to six plants for personal use. Despite these freedoms, it’s crucial to recognize that marijuana use must be conducted responsibly and in accordance with state laws, particularly when it comes to driving.

Marijuana and Impaired Driving

Driving under the influence (DUI) of marijuana is treated with the same severity as driving under the influence of alcohol in Colorado. The law defines DUI as operating a vehicle when a person’s ability to do so is substantially impaired by drugs or alcohol. For marijuana, Colorado has set a legal limit for THC (tetrahydrocannabinol) – the psychoactive component of cannabis – in a driver’s bloodstream. The legal threshold is five nanograms of active THC per milliliter of blood. Exceeding this limit can result in a DUI charge.

How Marijuana Affects Driving

Marijuana affects various cognitive and motor skills necessary for safe driving. THC can impair reaction time, hand-eye coordination, judgment, and spatial perception. These impairments can significantly increase the risk of accidents. Despite the common misconception that marijuana does not affect driving abilities as severely as alcohol, studies have shown that marijuana can impair driving performance and increase the likelihood of being involved in an accident.

Penalties for Marijuana DUIs in Colorado

The penalties for a marijuana DUI in Colorado are similar to those for an alcohol-related DUI. They can include:

• First Offense: Up to 180 days in jail, a fine of up to $1,000, and community service. Additionally, the offender may face a license suspension of nine months and mandatory attendance in a drug education or treatment program.
• Second Offense: Up to one year in jail, a fine of up to $1,500, mandatory community service, and a license suspension of one year. The offender may also be required to install an ignition interlock device (IID) in their vehicle.
• Third and Subsequent Offenses: Up to two years in jail, fines up to $1,500, mandatory community service, a license suspension of up to two years, and the requirement to install an IID.

DUI Arrest Process

If a law enforcement officer suspects a driver of being under the influence of marijuana, they will conduct a traffic stop and assess the driver’s condition. This may include observing physical symptoms such as bloodshot eyes, the smell of marijuana, or impaired motor skills. The officer may also perform field sobriety tests and request a blood test to measure THC levels.

Refusing to submit to a blood test can result in immediate penalties, including an automatic license suspension. It’s important to understand that Colorado has an “express consent” law, which means that by driving on Colorado roads, you consent to chemical testing if suspected of impaired driving.

Legal Defense for Marijuana DUIs

If charged with a marijuana DUI in Colorado, it’s crucial to seek legal representation. A skilled DUI attorney can examine the evidence, including the traffic stop, field sobriety tests, and blood test results, to build a defense. Potential defenses might include questioning the validity of the blood test, the accuracy of the THC measurement, or the legality of the traffic stop.

Safety Tips for Marijuana Use and Driving

To avoid the serious consequences of a marijuana DUI, consider the following safety tips:

1. Plan Ahead: If you plan to use marijuana, arrange for a designated driver, use public transportation, or hire a rideshare service.
2. Wait it Out: Allow sufficient time for the effects of marijuana to wear off before driving. The duration of impairment can vary depending on the method of consumption and individual tolerance levels.
3. Know Your Limits: Understand how marijuana affects you personally and avoid driving if you feel any level of impairment.
4. Stay Informed: Keep up to date with Colorado’s marijuana laws and DUI regulations to ensure compliance and safety.

The Importance of Responsible Consumption

While marijuana is legal in Colorado, responsible consumption is vital to public safety. Driving under the influence of marijuana not only endangers the driver but also other road users. By understanding the laws, recognizing the effects of marijuana on driving, and taking precautions, individuals can enjoy marijuana responsibly without putting themselves or others at risk.

Conclusion

Marijuana DUIs in Colorado are a serious offense with significant legal and personal consequences. As marijuana laws continue to evolve, it is crucial for users to stay informed and practice responsible consumption. By adhering to the legal limits, planning ahead, and understanding the impairing effects of marijuana, individuals can avoid the severe penalties associated with marijuana DUIs and contribute to safer roads for everyone.

Remember, the freedom to use marijuana comes with the responsibility to do so safely and legally. Stay informed, stay safe, and make smart choices to avoid a marijuana DUI in Colorado.

Seeking the assistance of a qualified DUI Colorado lawyer at Thomas & Ahnell, LLC can make a substantial difference in the outcome of the case, providing the best chance for a favorable resolution.