A driver can be found guilty of a DUI for operating a motor vehicle while under the influence of alcohol or any combination of drugs in the state of Colorado. Additionally, a Colorado driver may receive a marijuana DUI conviction for operating a vehicle as a habitual user of a controlled substance. If the driver’s blood is 5ng/ml or higher in THC, then he or she should consult with a drug attorney serving Denver about possible defenses.
Someone charged with marijuana DUI can’t assert the defense of entitlement to legal or medical marijuana. Colorado has express consent laws, and this means that every person who drives a motor vehicle on the streets or highways in the state must submit to a blood or breath testing when requested by law enforcement officials. If someone refuses to submit to a breath or blood test and subsequently stands trial for DUI, his or her refusal to cooperate may be admissible as evidence.
A first offense drug DUI can result in imprisonment in a county jail for a minimum of five days. It can also result in fines of at least $600 and at least 48 hours of public service. The court may also impose a period of probation for up to two years. A second offense DUI can lead to imprisonment in the county jail for 10 days, fines of up to $1,500, and 48 hours of public service. The penalties for additional offenses can be even more severe.
Sobriety checkpoints can be used to help identify drugged driving. These checkpoints are permissible under both state and federal law. A Colorado officer has the discretion to demand a driver to submit to chemical tests in order to reveal the presence of drugs if drugged driving is suspected at a sobriety checkpoint.