Imagine you’re driving home after spending the evening with friends. You haven’t had a drink, but you did take a few hits of marijuana earlier in the night. You feel fine, alert, and focused. So it’s a shock when you see the flashing blue lights in your rearview mirror. Suddenly, you’re facing a roadside sobriety test and the possibility of a marijuana DUI charge.
In Colorado, these situations are more common than you might think, especially with the legalization of recreational marijuana. Exceeding the legal limit for driving under the influence of marijuana in Colorado can result in severe legal penalties.
This guide provides comprehensive insights into marijuana DUI charges in Colorado, helping you understand the laws, penalties, defenses, and how to move forward confidently. The law firm of Mark S. Rubinstein, P.C. is here to guide you through this challenging time, offering the knowledge and experience necessary to protect your rights and future.
Understanding Colorado Marijuana Driving Laws
In Colorado, driving under the influence of marijuana is treated similarly to alcohol-related DUI offenses. State law prohibits drivers from operating a vehicle while under the influence of drugs or alcohol, including marijuana. However, the challenges associated with marijuana DUI cases often stem from the fact that marijuana affects individuals differently, making it difficult to establish clear guidelines.
What Is the Legal Limit for Driving High?
Colorado has established a legal limit for driving high, which is five nanograms of THC (the psychoactive compound in marijuana) per milliliter of blood. If you exceed this limit, you can face a marijuana DUI charge.
Unlike alcohol, where impairment levels can be more easily measured, THC can stay in the bloodstream long after the initial high has worn off. This makes it tricky for law enforcement to determine when a driver is actively impaired versus merely testing positive for past marijuana use.
Potential Penalties for a Marijuana DUI in Colorado
You may face penalties ranging from fines and community service to jail time and license suspension. The severity of the penalty largely depends on whether it’s your first offense or if you have prior DUI convictions.
First Offense
A first-time marijuana DUI can result in fines of up to $1,000, 48 to 96 hours of community service, and a license suspension of up to nine months. Jail time is also possible, with sentences ranging from five days to one year, depending on the severity of the case.
Second and Subsequent Offenses
Repeat offenders can face significantly harsher penalties, including mandatory jail time, longer license suspensions, and fines of up to $1,500. Colorado takes repeat offenses seriously, meaning you may face a mandatory 10 days to one year in jail.
A marijuana DUI doesn’t just stop at fines or license suspensions. It can follow you long after, affecting your insurance rates, job prospects, and reputation. But with the right help, you can avoid the worst of these consequences.
Mitigating Factors That Can Impact Your Case
In some cases, mitigating factors can help reduce the severity of your penalties. These factors could include:
- No prior DUI convictions. If this is your first offense and you have no prior DUI history, the court may be more lenient in your sentencing, resulting in reduced fines or community service hours.
- Voluntary participation in a substance abuse program. Showing that you are willing to take responsibility for your actions and address any potential substance abuse issues can work in your favor. It can give the judge a reason to be more lenient than they might otherwise be.
- Cooperation with law enforcement. Demonstrating cooperation with police officers during your arrest can sometimes help mitigate the impact of the charges. Being obstinate or difficult with law enforcement never looks good to the judge who will sentence you.
Understanding your rights and potential mitigating factors is essential in forming a solid defense strategy. A seasoned attorney will assess every aspect of your case to identify the most effective legal approach.
What to Expect from the Legal Process
Once charged with a marijuana-related DUI, it’s essential to understand what lies ahead in the legal process. The DUI process is the same whether marijuana or alcohol is involved and includes the following stages:
- Arraignment. This is your first court appearance where you will be informed of the charges against you. You will also enter a plea of guilty, not guilty, or no contest.
- Pretrial motions. Depending on the circumstances, your attorney may file motions to suppress evidence, thereby weakening the State’s case. For example, if the police violated your rights during the investigation or arrest process, the judge could exclude critical evidence such as blood test results, field sobriety test outcomes, or the details of your arrest.
- Trial. If your case goes to trial, the prosecution will present evidence, and a judge or jury will decide if the evidence presented proves you are guilty beyond a reasonable doubt. Your attorney will cross-examine witnesses to cast doubt on the State’s case, possibly present exculpatory evidence (although this is not required), and make a closing argument emphasizing the weaknesses in the State’s case against you.
- Sentencing. If you are convicted, the court will determine your sentence based on the specifics of your case.
Each stage can significantly impact your case, and having a knowledgeable attorney guide you through each step can make all the difference in achieving a favorable outcome.
Why You Need an Experienced Attorney on Your Side
Hiring an experienced DUI attorney is crucial to understanding your options, building a solid defense, and potentially reducing the impact of your charges.
An attorney experienced in handling marijuana DUI cases will:
- Scrutinize the evidence against you,
- Challenge the legality of the arrest or testing procedures,
- Negotiate with prosecutors on your behalf, and
- Represent you at trial if necessary.
With the right legal guidance, you can significantly improve your chances of minimizing fines, avoiding jail time, and preserving your driving privileges.
Common Defenses to Marijuana DUI Charges
While a marijuana DUI charge may seem daunting, there are several defenses that a skilled attorney can use to challenge the charges and potentially reduce the penalties.
Challenging the Traffic Stop
If the officer did not have probable cause to pull you over, your attorney may argue that the stop was unlawful and any evidence gathered afterward, such as blood tests, should be inadmissible in court.
Questioning THC Testing Methods
THC can remain in the body long after its psychoactive effects have worn off. Your attorney may argue that testing positive for THC does not necessarily mean you were impaired while driving.
Field Sobriety Tests
Marijuana impairment affects people differently, and field sobriety tests may not always be accurate in detecting impairment from marijuana. Your attorney can challenge the reliability of these tests in court.
Your Next Step: Let Our Expertise Work for You
Your future is worth defending. At Mark S. Rubinstein, P.C., our unmatched knowledge and commitment have helped countless Coloradans resolve their marijuana DUI charges in the most advantageous way possible. With more than 25 years of legal experience, we understand the complexities of Colorado marijuana driving laws and the challenges in defending against these charges.
Contact us today to schedule a consultation. We’ll start building your defense strategy and help you reclaim your life.
Resources:
- Colorado Division of Criminal Justice Publishes Report on Colorado DUI Offenses, Colorado Department of Public Safety (2022), link
- Law Summary, Office of Legislative Legal Services, link
- Courts. No DUI Colorado (2024), link
- Drugged Driving | Meet the Effects, Colorado Department of Transportation (2024), link
- Drive High – Get a DUI, National Highway Traffic Safety Administration, link
