In this video, DUI defense attorney Jake Johnson, a former District Attorney, explains the current state of marijuana testing in Colorado.
Unlike alcohol DUIs, where there is a presumption that a person is guilty if he or she blows over .08 on the breathalyzer test, the pot sobriety tests have no such presumption. This means there is more flexibility in the law, which increases your chances of being found not guilty after trial or having your marijuana DUI charges dropped or reduced. If you have been charged with a drug or alcohol DUI in the Denver area, call our criminal attorneys as soon as possible to avoid having your driver’s license revoked.
Marijuana cases are great cases to take to trial for the simple fact that the science is just not quite there. The state wanted it to be, and they think it is, but it just isn’t. There is no level in Colorado whereby if you have such and such amount of marijuana in your system, you are absolutely guilty. Compare that to alcohol where at 0.08, it doesn’t matter if you were fine to drive or not or if you drank the night before, if you’re at 0.08 or over, you are guilty.
Part of the problem that the prosecution has with the standardized field sobriety tests for marijuana is that they’re not validated for marijuana DUIs. They’re standardized and that you give them the exact same way every single time. They’re not validated and that there is no body that has said, these tests detect impairment from marijuana. For more information about marijuana DUIs, contact me, Jake Johnson at duidefensematters.com.
When contacting our offices one of the first questions people will often ask our defense attorneys is “What is the chance of winning a case in Colorado?” Every case is unique and presents a different set of circumstances. For example, a case in Aurora would be defended differently from a case in Denver, or a case in Lakewood. However, the sooner you contact a lawyer, the greater your chances are of getting a favorable outcome. Our attorneys have the combined experience of handling thousands of cases throughout their careers.