DUI & Drug Accusations in Colorado Springs

Charged with a DUI because of drugs?

Driving under the influence of drugs (DUID) in the state of Colorado has become a growing concern. DUID is a serious offense that a police officer initially determines with a field sobriety test. If the police officer suspects the individual of operating their vehicle under the influence of a drug, they can arrest you without even searching for evidence of drugs on the person or in the car. You will be requested to do a blood or urine test to confirm the presence of narcotics in your system. If the test proves positive, you will be charged with a DUID, or a DWAI, which means driving with ability impaired. The slightest amount of drugs detected can warrant a DUID.

If you are suspected and accused of driving under the influence of drugs, we understand this can be a stressful ordeal. It can be that much more traumatic if the drug is a prescription drug taken for medical reasons. It is sometimes difficult to ascertain if some drugs really have an impact on a person's driving ability. That is why it becomes crucial to contact my firm if you were charged with a DUI with drugs. My extensive experience as a Colorado Springs DUI attorney will provide you with a strong legal defense. My staff and I are dedicated to serving our clients 24/7, giving legal advice and counsel, while fighting for your rights and reputation.

Marijuana & Stoned Driving Charges in Colorado

With the passage of Colorado's new marijuana laws, certain amounts of the drug are now legal under state law. These new laws have left many law enforcement agencies wondering about how to keep stoned drivers off of the road. Law enforcement officers throughout Colorado are known for their rigorous prosecution of drivers who operate motor vehicles while under the influence of alcohol or drugs. According to AIDF data, there were 127 total alcohol impaired driving fatalities throughout the state in 2010, and 18 of these fatalities involved underage drivers who were driving while impaired.

There were also 27,833 total DUI arrests throughout Colorado in 2010, and 383 of these arrests involved drivers under the age of 21. While Colorado's new law does not make any changes to the state's driving-under-the-influence laws, it has left many officers wondering about how to handle drivers who smoke marijuana and then drive. Washington state, which also passed a similar new measure regarding marijuana, changed its DUI provisions by setting a new blood-test limit for marijuana. Washington police officers and law enforcement agents are receiving additional training for this new blood test, and lawyers in the state are also preparing for the new arrests and cases that will follow.

Currently in Colorado, drugged driving is illegal. Now that the sale of pot for recreational use by adults over 21 is legal in Colorado, it is expected that there will be an increase of marijuana users on the roads as well. Legalized marijuana is expected to become a big industry in Colorado, and retail stores selling marijuana may soon open. A fiscal-impact study by the Colorado Center on Law & Policy estimates that legal marijuana sales in the state could be as much as $270 million initially. These factors will all contribute to increased use of marijuana throughout Colorado.

Marijuana has been proven to slow reaction time and cause dizziness, and drivers are much more likely to swerve and drift into other lanes when they are high. As of now, many of the convictions for drugged driving are based off of police observations which result in a following blood test. There has not been a standardized method for determining marijuana impairment, and those who are arrested for this type of DUI should strongly consider fighting their charges.

The different tests that are used to determine marijuana use include a test for an inactive THC metabolite that can be detected weeks after marijuana use, and the test to determine current marijuana impairment looks for active THC in the blood. It is estimated that the peak concentrations of THC in the blood occur during the act of smoking marijuana, and then they subside over the course of three hours.

DUI with Drugs and Colorado State Charges

In the case of prescription drugs or medical marijuana, charges against you may be dismissed as these types of drugs were legally consumed. Prescription drugs are particularly difficult to prove as being at fault for impaired driving considering many fail to indicate a 'do not drive' warning on the label. My firm will investigate every variable of your case in detail in order to achieve the best possible outcome.

If convicted of a DUID, you can face large penalties and costly fines, mandatory drug rehabilitation or counseling, probation, suspension or revocation of your driver's license, and jail time. There are numerous drugs that can warrant DUID charges:

  • Marijuana
  • Medical marijuana
  • Prescription drugs
  • Cocaine
  • Crack cocaine
  • Heroin
  • Methamphetamines
  • Ecstasy
  • PCP
  • LSD
  • Sedatives or sleeping pills
  • Glue-sniffing
  • Aerosol inhalation

While marijuana has been legalized for recreational usage in the state, it remains illegal to drive under the influence of the substance. This law can be confusing for some people, and there are many additional kinks that need to be worked out within the law. Until then, it is crucial that anyone accused of a DUI with drugs retain the legal representation they need.

Contact a Colorado Springs DUI lawyer right now if you were charged with a DUI involving drugs.