Everyone makes mistakes, even with substances that are legal in Colorado, like marijuana. Unfortunately, these mistakes can sometimes lead to encounters with law enforcement. If you’ve been charged with driving under the influence (DUI) of marijuana in Colorado, you’re probably feeling overwhelmed, anxious, and scared about what comes next. It’s important to remember that you’re not alone and don’t have to face this moment without support.
At The Harrell Law Firm, PLLC, we understand how stressful a marijuana DUI charge can be. But a charge is easier to handle when you know how to defend yourself and what consequences may lie ahead. That’s why we’re here. The Harrell Law Firm, PLLC, is an award-winning criminal defense firm that wants to ensure that every criminal defendant receives the best defense and a chance to tell their story. You can call us or contact us online today to schedule a case review.
Colorado Marijuana Driving Laws
Getting stopped and arrested for a marijuana DUI can be a serious issue. Even though marijuana is legal in Colorado, driving under the influence of marijuana is not.
Under Colorado marijuana driving laws, you could be convicted of a DUI if you drive after consuming marijuana and your consumption makes you substantially incapable of exercising the following while operating a vehicle:
- Sufficient physical control,
- Clear judgment, or
- Due care.
You can face a DUI conviction if your impairment is physical, mental, or both. And if your consumption of marijuana affects your driving to the slightest degree, you could be charged with Driving While Ability Impaired (DWAI).
How Do Police Test for a Marijuana DUI?
Many of us are familiar with drunk driving laws and the multiple ways police test for blood alcohol content. But how do police test for a marijuana DUI?
When making marijuana DUI arrests, police may use a combination of the following to justify charges:
- Observations of driving behavior,
- Physical signs of impairment,
- Field sobriety tests, and
- Chemical testing.
The law may infer that a driver is under the influence if they have at least five nanograms of active Delta 9 THC per milliliter in their whole blood. However, a driver can be arrested for having any level of THC in their blood. And remember that every Colorado driver consents to chemical testing for DUI investigation purposes.
What Can Happen If You’re Convicted?
If you’re convicted of a marijuana DUI in Colorado, the consequences can be life-changing. Even a first offense carries mandatory penalties, which may get harsher with each repeat violation. You could face the following after a conviction.
Jail Time
In general, a marijuana DUI conviction can mean between five days and one year in jail. A judge may suspend that jail time only if you complete a court-ordered alcohol and drug education or treatment program. If your case involves aggravating factors, like prior offenses or a very high THC level, your jail time may increase.
Fines
Convicted defendants may also face fines ranging from $600 to $1,500. The judge may suspend some or all of the fine, depending on your case and whether you comply with other court-ordered requirements.
Probation & Supervision
Many offenders are placed on probation for up to two years. If you receive probation, you may be closely supervised and may have to:
- Submit to drug testing,
- Attend court appearances,
- Check in with your probation officer,
- Comply with curfews, and
- Avoid all drug and alcohol use.
Probation requirements can be a lot, but they must be fulfilled. Violating any probation condition could land you in jail. We can ensure that the terms of any probation order you receive are fair and manageable.
License Revocation
A marijuana DUI conviction usually results in the revocation of your driver’s license for at least a year. And when you get your license back, it may be a restricted license. These penalties can have a huge impact on your job, your family, and your freedom.
Community Service or Useful Public Service
If the court convicts you of a DUI, it may require you to perform many hours of useful public service. You also have to pay a fee for the cost of supervising that service. Fulfilling a public service order isn’t optional, and it’s not just a minor inconvenience. You must complete your service hours by a certain deadline, often around your job or school schedule.
Education and Treatment Programs
Before or after sentencing for a DUI, you must undergo an alcohol and drug evaluation. You may be ordered to complete an education and treatment program based on this assessment.
Employment Consequences
This is one of the most painful parts for many clients. A marijuana DUI can:
- Lead to job loss, especially if you drive for work;
- Disqualify you from future employment opportunities;
- Appear on background checks for years; or
- Prevent you from obtaining certain licenses or clearances.
For many people, the impact on their job and income is the hardest consequence to recover from. Our attorney, Sean Harrell, has been in practice for over a decade and has the skills and knowledge to help minimize the impact your DUI charge has on your life.
We Can Give You Hope
A marijuana DUI charge isn’t the end of your story—not by a long shot. Whether this is your first offense or a repeat charge, The Harrell Law Firm, PLLC can help you fight for your future. We have a proven track record of getting cases dismissed and reducing penalties for the people of Colorado.
You have legal rights. And you deserve an advocate who will stand beside you every step of the way. Our team can help you move forward with clarity, strength, and a plan. Call today or contact us online to schedule a consultation.
Resources:
- Colorado Revised Statutes, § 42-4-1301 (2023), link.
- Colorado Revised Statutes, § 18-18-102 (5) (2023), link.
- Colorado Revised Statutes, § 42-4-1301.1 (2023), link.
- Colorado Revised Statutes, § 42-4-1307 (2023), link.
- Colorado Revised Statutes, § 42-2-125 (2023), link.
- Colorado Revised Statutes, § 42-4-1301.4 (2023), link.
- Colorado Revised Statutes, § 42-4-1301.3 (2023), link.
