Loveland DUID (DUI of Drugs) Attorney CRS 42-4-1301(1)(a)


Most Loveland residents know of the risks surrounding driving under the influence (DUI) of alcohol. However, it may surprise you to learn that you can be charged with driving under the influence of drugs (DUID) as well. While DUIDs and DUIs are similar, they also have several differences that could have an impact on the penalties you face if you are convicted and the potential defenses that could be used to challenge the charges against you.

Having a strategically aggressive Loveland DUID attorney from The Harrell Law Firm, PLLC on your side could make it possible to clear your name of the allegations you are facing and avoid the harsh criminal penalties associated with DUID convictions under CRS 42– 4 –1301(1)(a). Contact our legal team to schedule a confidential consultation today. When you do, we can discuss the specific circumstances of your case, the extent of the charges against you, and which defense strategy is most likely to return a favorable outcome in your case.

What Does CRS 42-4-1301(1)(a) State?

According to CRS 42-4-1301(1)(a), all motorists are prohibited from driving under the influence of alcohol or drugs. This is commonly referred to as driving under the influence of drugs (DUID) or driving while ability impaired (DWAI). You can face charges at the misdemeanor or felony level if you have consumed drugs or alcohol, are impaired, and are incapable of exercising clear judgment or safely operating a motor vehicle. Your charges may be elevated from a misdemeanor to a felony offense if:

  • You have three or more DUI or DWAI convictions on your record
  • You have three or more DUIs with a BAC of .08 or more
  • You have three or more vehicular assault or vehicular homicide convictions

Consequences of a Loveland Drugged Driving Conviction

The consequences of a DUID conviction in Loveland will vary widely depending on the circumstances of your case. According to the Colorado Office of Legal Services, first-time offenders could face:

  • 12 points added to their driving record
  • Up to one year in jail
  • A nine-month license suspension
  • Up to 96 hours of community service
  • Fines not to exceed $1,000

However, the penalties for a third or subsequent offense are often steeper. You may still be convicted at the misdemeanor level, and you could still pay fines up to $1,500, spend up to one year in jail, and have your driver’s license suspended for up to two years. If you are convicted of a DUID or DUI at the felony level, you could expect to spend up to three years on mandatory parole, as much as six years in a Colorado state prison, and pay fines of up to $500,000.

Potential Defenses to Drugged Driving in Loveland

If you are accused of driving under the influence of drugs, defending yourself is crucial. We may be able to work out a plea agreement with the prosecutor that allows you to enter a pre-trial diversion program. Completing the terms of this program could result in the charges against you being dismissed or reduced to a less serious offense.

However, if you do not qualify or the prosecuting attorney is unwilling to offer a plea bargain, you may need to defend yourself in court. Some of the most common potential defenses available for DUID and DWAI charges include:

  • Failure to advise you of your Miranda rights
  • Being suspected of a DUI or DUID because you carry a medical marijuana card
  • Failure to conduct blood test in accordance with 5 CCR 1005-2
  • You were not impaired in any way by a controlled substance
  • You were subject to an unlawful search or seizure

Loveland DUID FAQ

After being charged with driving under the influence of drugs, you may have many concerns and questions about what to expect from the criminal process. We can discuss your specific concerns during your confidential case evaluation. In the meantime, check out this quick FAQ that discusses some of the most frequently asked questions regarding DUID charges in Loveland, CO.

Will I need to take a blood test?

If you are arrested for suspicion of DUID, you will have your choice of taking a DUI breath or blood test. Under Colorado expressed consent laws, you have given your implied consent to submit to chemical blood or breath alcohol testing. Failure to agree to a blood test could have severe penalties, including:

  • Mandatory revocation of your driver’s license
  • Being required to complete an SR–22 insurance form
  • Being designated a “persistent drunk driver” PDD as described by the Colorado Behavioral Health Administration
  • Being required to complete a mandatory drug education program before your driver’s license is eligible for reinstatement

What if I took a prescription medication?

Even if you have a valid prescription for the prescription medication you were taking when you were stopped by police, it is against the law to operate a motor vehicle if your ability to drive safely is impaired in any way, shape, or form. This is true whether you have a prescription for a narcotic drug or are taking over-the-counter medications for allergies, pain, or any other medical condition.

Can I drive after consuming medical marijuana?

While Colorado may have legalized marijuana for medicinal and recreational uses, you are prohibited from operating a motor vehicle after consuming marijuana. While there is no legal limit for marijuana consumption and DUID charges, if your blood test shows 5 ng or more of THC per milliliter in your blood when you were tested, you may be convicted for driving under the influence of drugs, according to the Colorado Department of Transportation. Possessing a medical marijuana registry card will not be a viable criminal defense, particularly if your blood levels indicate you are incapable of driving as safely as possible.

Turn to Loveland’s Leading DUID Law Firm for a Powerful Defense

The impact of a DUID conviction could be felt across nearly every aspect of your life. It is time to take action and protect your future. Trust in a reputable Loveland DUID attorney from The Harrell Law Firm, PLLC.

Our firm will carefully review the evidence against you to determine whether it is in your best interests to defend your liberties at trial or work out a plea agreement with the prosecuting attorney. In any event, you can rely on us to offer you the legal guidance and support you need when you need it most. Fill out our secured contact form or call our office to schedule your free consultation as soon as today.