What Happens if I Refuse a Marijuana Blood Test
Thomas, Ahnell, Laraway & Smith, LLC
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Due to the relative novelty of recreational marijuana legalization in Colorado, the ramifications of blood testing for marijuana in drugged driving cases can be confusing.
The science behind marijuana impairment as it affects driving is new and not fully understood. If you are caught driving under the influence of marijuana, does it lead to an automatic revocation of your driver’s license? In this video, Denver DUI defense attorney Will Smith explores this question.
If you would like to discuss your DUI or other alcohol-related driving charges with a dedicated Denver DUI attorney, you can reach our law firm at (720) 542-6148 or through our website.
Transcription:
That’s an interesting question. There’s a couple of side notes. We do have marijuana that can be consumed recreationally in Colorado. That creates a lot of interesting issues for us and for the average citizen in Colorado. The most interesting, in my opinion, component is the fact that you can be asked to take a test to show the active agent of marijuana in your body in your bloodstream. We’ve scheduled in our criminal courts, we have a rebuttable presumption as to the limit or at least a rebuttable presumption as to what the level should be. Anything over 5 nanograms per milliliter of whole blood of the active agent, THC, which is the active ingredient of marijuana, there’s a rebuttable presumption that you’re impaired, that you’re under the influence of marijuana. However, we don’t have a Department of Revenue action, no suspension based upon too high of a THC level in your blood. So, for those of, you know, for those of you who may have an extremely high level of marijuana in the blood, if you submit to a blood test, there will be no suspension of your driver license based upon that test only. So there’s no administrative action. There may be a suspension action due to a conviction of DUI down the road, but there will not be a suspension based upon the test. However, if that same driver refuses to submit to a chemical test, their license will be suspended and it will be treated as a refusal. If you want to learn even more than all the great information that I’ve shared with you today, you can check us out on the internet at DUIDefenseMatters.com.
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