With the legalization of recreational marijuana, Colorado became one of the most progressive states in America. Unfortunately, the state’s DUI laws are still behind the times. The circumstances surrounding a DUI arrest in Denver can be much more complicated than they might seem in a courtroom, and it’s not always as simple as “guilty” and “not guilty.” By hiring an attorney who is familiar with Colorado’s DUI laws, you can have a stout DUI defense. To give you an idea of what you’re up against, here’s a look at DUI laws in Colorado.
DUI vs. DWAI
In Colorado, it is illegal to drive with a blood alcohol concentration (BAC) of 0.08% or greater. If chemical testing proves your BAC is 0.08% or greater, you will be charged with a DUI. Under Colorado’s express consent laws, you are required to submit to chemical testing if a police officer has reasonable suspicion of DUI. Refusing chemical testing results in losing your license for one year, and may help the prosecution’s case against you. If you are caught driving with a BAC between 0.05% and 0.08%, you may be charged with Driving While Ability Impaired (DWAI). Though less serious than a DUI, a DWAI can still come with harsh penalties.
Recreational marijuana use may be legal in Colorado, but driving under the influence of marijuana is not. The law states that in instances where more than 5ng/ml of active THC is found in your blood system you may be charged with a DUI. Marijuana DUI charges carry the same fines and penalties as alcohol-related DUIs, including imprisonment in the county jail for a mandatory minimum of five days and a fine of at least $600. Because marijuana affects different people in different ways, it’s important to have a skilled Denver marijuana DUI attorney analyze your case and argue on your behalf.