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.
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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Criminal Practice Areas
Our Colorado lawyers aggressively defend your rights. Certain situations offer options such as evidence suppression, dismissal of the charges, or greatly reduced penalties, but only an experienced lawyer will be able to understand the circumstances surrounding your case fully. If you have prior charges or a felony on your record, it is especially important to contact a defense attorney promptly to seek advice and understand your case.
Driver’s License Revocations from DUI
A DUI arrest results in two separate legal proceedings against you: the criminal case and an administrative license revocation hearing through the Colorado Department of Motor Vehicles. If your BAC is confirmed through chemical testing to be .08 or above, or if you refused to submit to a breath or blood test, you will be subject to a license revocation through a civil administration hearing.
Alcohol Related Driving Offenses
There are two different alcohol related offenses that can result from driving after you have consumed alcohol. Whether you are charged with one or the other depends on the amount of alcohol in your system. The charges are: “Driving While Ability Impaired” – DWAI and “Driving Under the Influence” – DUI.
The Colorado law firm, Thomas Law Firm, defends all types of DUIs, from drug related to alcohol impaired driving offenses. If you have been accused of driving under the influence for felony or misdemeanor charges, contact our DUI criminal defense lawyers at(720) 542-6148.
Injury Property Damage And Car Crash DUI
A car crash is a situation nobody wants to find themselves in, let alone be responsible for. In Denver, the penalties for these accidents include heightened insurance rates, fines, and, if alcohol was involved, legal repercussions including serious and potential felony DUI charges. When a drunk driver is involved in a car crash that leads to property damage or bodily injury, the penalties increase significantly.
DUI/DWAI for Commerical Drivers
Penalties for receiving a DUI are much harsher for commercial drivers and the consequences may reach far beyond losing your license and paying a fine. Commercial drivers are subject to stricter standards because their job requires them to operate vehicles that can contain toxic waste or precious cargo—it is a matter of public safety that these drivers be as safe as possible. Driving drunk while operating a company vehicle puts the company as well as the public-at-large at risk.
Recent changes to Colorado law have made it so it is now legal to possess and use marijuana. However, it is still a crime to drive a motor vehicle while under the influence of marijuana or any other drug. A conviction for driving under the influence of drugs will lead to the same penalties as driving under the influence of alcohol.