What Does Colorado Law Say About Marijuana Use and DWAI?

In Colorado, Driving While Ability Impaired (DWAI) is a serious offense. This refers to driving a vehicle when a person’s ability to operate it safely has been impaired by alcohol, drugs, or both. This includes marijuana, despite its legal status in the state for recreational and medicinal use.

Under Colorado law, a person is considered to be driving under the influence of marijuana if their blood contains five nanograms or more of delta 9-tetrahydrocannabinol (THC) per milliliter. The main psychoactive component in marijuana is THC. However, unlike alcohol, there is no definitive correlation between THC blood levels and impairment because THC affects individuals differently, and chronic users may have high THC levels without showing signs of impairment.

How Does Marijuana Use Factor into DWAI Assessments?

When it comes to assessing DWAI offenses, law enforcement officers will look for signs of impairment. This could include erratic driving, failing a roadside sobriety test, or exhibiting physical signs of intoxication such as bloodshot eyes or delayed reaction times.

If an officer suspects marijuana use, they may request a blood test. Declining this test can have significant consequences, such as the immediate suspension of your driver’s license.

However, a positive blood test alone may not be enough to convict you of a DWAI. The prosecution must also prove that your ability to drive was indeed impaired to the slightest degree.

Can I Challenge the Results of a Blood Test?

There are several grounds on which the results of a blood test can be challenged. For instance, your attorney may question the handling and storage of the blood sample, the calibration of the testing equipment, or the qualifications of the person who administered the test.

Moreover, as mentioned earlier, the presence of THC in your blood does not necessarily mean you were impaired. Chronic users of marijuana may have high levels of THC in their blood even when they’re not impaired. Your attorney can use this fact to challenge the prosecution’s assertion that you were impaired.

What Are the Penalties for a Marijuana-Related DWAI?

The penalties for a marijuana-related DWAI in Colorado can be severe, especially for repeat offenders. For a first offense, you could face up to 180 days in jail, fines of up to $500, and up to 48 hours of community service. Additionally, you may be required to participate in an alcohol and drug education and treatment program.

For subsequent offenses, the penalties increase significantly. You could face up to one year in jail, up to 120 hours of community service, and fines of up to $1,500. Your driver’s license could also be suspended, and you may have to place an ignition interlock device on your vehicle.

What Are the Long-Term Consequences of a Marijuana-Related DWAI?

The long-term consequences of a marijuana-related DWAI can be far-reaching and life-altering. Beyond the immediate penalties such as jail time, fines, and community service, a DWAI conviction can have a lasting impact on your life.

For starters, a DWAI conviction will appear on your criminal record, which might be viewed by employers, landlords, and educational institutions. This could potentially affect your employment prospects, housing applications, and educational opportunities.

Moreover, a DWAI conviction can also lead to increased insurance premiums. Many insurance companies view DWAI convictions as an indication of risky behavior, and as a result, they may increase your premiums or even deny you coverage.

Lastly, if you’re a professional driver or hold a commercial driver’s license (CDL), a DWAI conviction might put your career in jeopardy. Under Colorado law, CDL holders convicted of a DWAI may face disqualification from driving commercial vehicles, which could lead to job loss.

What Should I Do if I’m Charged with a Marijuana-Related DWAI?

If you’re charged with a marijuana-related DWAI, seek legal counsel immediately. An experienced attorney can provide guidance on the best course of action based on your specific circumstances.

Remember, a DWAI charge does not automatically mean a conviction. There are many factors at play, including the accuracy of the blood test, the validity of the traffic stop, and whether your rights were violated during the arrest process. An attorney can help you explore these angles and potentially build a strong defense.

What Are My Rights During a Traffic Stop for Suspected Marijuana Use?

During a traffic stop, remember that you have rights. First, you have the right to remain silent. You are not obligated to answer any questions about where you’ve been, what you’ve been doing, or whether you’ve consumed marijuana.

Second, you have the right to refuse consent to a search of your vehicle. However, if the officer has probable cause to think that you’re impaired, they may be able to search your vehicle without your consent.

Finally, you have the right to an attorney. If you’re arrested for a DWAI, you should ask for an attorney immediately. Remember, anything you say can and will be used against you in court, so remain silent until you can speak with an attorney.

How Can an Attorney Help with My Marijuana-Related DWAI Case?

In a marijuana-related DWAI case, an attorney can scrutinize the evidence, question the procedures followed during your arrest, and challenge the prosecution’s case against you.

For instance, they might question the accuracy of the blood test or the qualifications of the person who administered it. They could also argue that the officer lacked probable cause for the traffic stop or failed to read you your rights during the arrest.

An experienced criminal defense lawyer can help you understand the potential consequences of a DWAI conviction and guide you through the legal process. They might also negotiate with the prosecution on your behalf, potentially resulting in reduced charges or even a dismissal of your case.

If you have been charged with a marijuana-related DWAI, call Lux Law Firm today at 719-451-7469 for a free, confidential case evaluation.