You didn’t feel impaired when you got behind the wheel. Maybe you took a gummy the night before, or vaped earlier in the day. But now you’re pulled over on I-70 near Glenwood Springs or Grand Junction, and the officer says they “smell weed.” Next thing you know, you’re cuffed and charged with a drug-related DUI driving offense. What happens now?
You have options and support if you’re facing a DUI charge in Colorado related to marijuana. The laws regarding marijuana-related DUIs are distinct from those for alcohol DUIs, and so is the science.
Knowing your rights and how a Colorado marijuana DUI lawyer can protect your future is the first step forward.
What Is a Marijuana DUI in Colorado?
In Colorado, driving under the influence of any drug, including marijuana, is illegal. The law applies even if the marijuana was legally purchased or used for medical purposes. Colorado law does not require proof of actual impairment at the time of arrest. Instead, it is sufficient for an officer to believe that your driving ability was affected “to the slightest degree” by marijuana THC.
Driving under the influence of marijuana is treated similarly to alcohol DUIs. However, the science of measuring THC, which is the intoxicating compound in marijuana, and proving impairment is far more complex and often unreliable.
Unlike alcohol, THC levels don’t correlate neatly with impairment. It can linger in your blood long after the effects wear off, especially for regular or medical users. This gap between science and law is where a skilled Colorado marijuana DUI lawyer becomes critical.
Is There a Legal THC Limit?
Yes, but it’s controversial. Colorado law presumes impairment if your blood contains five nanograms or more of THC per milliliter at the time of driving. However, this number has no definitive scientific basis. Frequent users, including those with medical marijuana cards, may test above this level long after the intoxicating effects have worn off.
More importantly, the five ng/ml threshold is not a strict limit; it creates a “permissible inference” of impairment, not proof. Your attorney can and should challenge this in court with scientific evidence and expert testimony.
Marijuana and Driving Laws Are Still Changing
While marijuana is legal in Colorado for adults 21 and older, using it before or while driving is not, with prosecutors aggressively enforcing these laws.
In recent years, Colorado has expanded public awareness campaigns focused on cannabis and driving safety and updated expressed consent laws, which require that if you’re lawfully arrested, you must consent to a chemical test, or risk license revocation.
Cannabis DUI Penalties in Colorado: What You’re Facing
Being charged with DUI, including one involving marijuana, can have serious legal and personal consequences. The penalties become more severe with prior offenses or aggravating factors:
- First-time offense—up to one year in jail, a $1,000 fine, nine-month license suspension, 48–96 hours of community service, and mandatory drug education;
- Second offense—minimum ten days in jail (up to one year), a one-year license revocation, ignition interlock device, and drug/alcohol treatment; and
- Third or more—mandatory jail time, increased fines, extended interlock period, and the potential for felony charges in aggravated cases.
These penalties can derail careers, cause family stress, and create long-term hardship. A conviction also stays on your criminal and DMV record, and may impact your insurance and professional opportunities.
THC Blood Test Defense and the Challenges of Evidence
A THC blood test isn’t proof that you were impaired. It’s just one piece of the puzzle. A strong THC blood test defense strategy focuses on breaking down how the sample was collected, processed, and interpreted. Common issues I investigate include:
- Timing of the test. Was there a delay between the traffic stop and the blood draw? THC levels drop quickly.
- Chain of custody. Was your blood sample handled correctly from arrest to analysis?
- Lab reliability. Are there known issues with the lab or the methods used to detect and quantify THC?
Your defense may also include challenging field sobriety tests, officer observations, and body-cam or dash-cam footage that contradicts claims of impairment.
Why You Need a Colorado Marijuana DUI Lawyer
Colorado’s marijuana DUI laws are evolving. The stakes are high, the science is shaky, and the system is fast-moving. Trying to explain your side of the story or fight a charge alone can worsen things. An experienced attorney can help:
- Examine every detail of your arrest, from probable cause to field sobriety tests;
- Challenge flawed or delayed THC testing and expose gaps in lab procedures;
- Push for pretrial dismissal or reduced charges when the evidence is weak;
- Negotiate alternatives like probation or treatment programs that avoid jail time; and
- Fight to protect your license through the DMV administrative process.
As a seasoned marijuana DUI attorney, I can help you feel heard, not judged, and give you a clear legal strategy so you’re not left guessing.
Don’t Let a Marijuana DUI Conviction Define You
With more than 25 years of experience in criminal defense, including countless DUI and marijuana-related cases, I know what’s at stake and how to safeguard your future. I am not just a name on a letterhead. When you hire the law firm of Mark S. Rubinstein, P.C., I personally manage your case from start to finish.
Clients appreciate my deep knowledge of Colorado DUI law, straightforward communication, and relentless defense strategies. Whether your case is in Glenwood Springs, Aspen, Grand Junction, or anywhere in western Colorado, I know the prosecutors and judges and how local courts handle these charges.
A weed DUI in Colorado doesn’t have to derail your life. With the proper legal defense, many people walk away with reduced charges, no jail time, or even a full dismissal. The sooner you act, the better your chances of protecting your license, record, and future.
Call my office today for a confidential consultation if you’re ready to take control of your situation and move forward.
FAQs
How Long Does THC Stay in Your System for a DUI in Colorado?
THC can remain detectable for hours or days, depending on use, but legal impairment refers to active THC while driving, not just the presence of metabolites in your system.
Can I Refuse a Blood Test During a Marijuana DUI Stop?
Under Colorado’s Expressed Consent law, refusing a test triggers an automatic license revocation and designation as a “persistent drunk driver,” even if you weren’t impaired. It can also be used as evidence against you in court.
Is Medical Marijuana a Valid Defense to a Marijuana DUI?
No. Even if you’re a registered medical marijuana patient, you can still be charged with DUI if an officer believes your driving was impaired. However, lawful medical use may factor into your defense strategy.
Resources:
- Colorado Department of Transportation (CDOT), Cannabis and Driving Education Resources, link.
- Colorado Division of Motor Vehicles, The DUI Administrative Process, link.
- No DUI Colorado, Marijuana and driving – No DUI Colorado, link.