DUID Colorado

Drug charges in Colorado have serious consequences. DUI Law Firm Denver can partner with you to defend your freedom and rights. We have knowledge of the law and science to build a strong defense.

Colorado has legalized both the medicinal and recreational use of marijuana. However, it is important to note that Colorado is not considered a drug-friendly state. The state takes drug crimes very seriously, especially in the Denver area. As the population increases, law enforcement and prosecutors are becoming more vigilant in their efforts to control drug possession.

Prosecutors have prosecuted serious cases involving controlled substances such as cocaine and illegal possession of prescription drugs, in addition to pot. If you are facing drug charges or are under investigation, it is important to have a skilled and dedicated legal team to support you.

The criminal defense attorneys at DUI Law Firm Denver can construct a strong defense for your drug-related case.

Don’t make the prosecution’s job easier! Call DUI Law Firm Denver today!

The legal definition of a "drug" in Colorado includes controlled substances, marijuana, and synthetic cannabinoids, as outlined in the Colorado Revised Statutes. This definition encompasses substances that could impair a person's ability to safely operate a motor vehicle. Controlled substances, such as cocaine, heroin, and prescription medications, are regulated by the government due to their potential for abuse. Marijuana, both medical and recreational, is considered a drug in Colorado, and driving under its influence can result in legal consequences. Synthetic cannabinoids, man-made chemicals that mimic the effects of natural cannabinoids, are also included in the legal definition of drugs. Understanding this definition is essential for drivers to avoid charges for driving under the influence of drugs and for law enforcement officers and prosecutors to enforce laws related to impaired driving caused by drug use.

What Is the Legal Definition of “Drug” in Colorado?

The legal definition of ‘drug’ in Colorado can be found in the Colorado Revised Statutes (C.R.S.) Title 18, Article 18, Section 102(5). This definition encompasses various substances, including controlled substances, marijuana, and synthetic cannabinoids. Essentially, a drug is any substance that could impair a person’s ability to operate a motor vehicle safely.

Controlled substances are drugs that the government regulates due to their potential for abuse and dependence. Examples of controlled substances include cocaine, heroin, methamphetamine, and prescription medications like opioids.

In Colorado, marijuana is also considered a drug. This applies to both medical and recreational marijuana. It’s important for drivers to understand that even though marijuana is legal in Colorado, driving under its influence can still lead to legal consequences if it impairs their ability to drive safely.

Synthetic cannabinoids are included in the legal definition of drugs in Colorado. These are man-made chemicals designed to mimic the effects of natural cannabinoids found in marijuana. Although they are often used as alternatives to marijuana, their effects on individuals can be unpredictable.

Understanding the legal definition of drugs in Colorado is crucial for drivers, as it helps determine when someone may face charges for driving under the influence of drugs (DUID). It serves as a guide for law enforcement officers and prosecutors when enforcing laws related to impaired driving caused by drug use.

Charged With Driving Under the Influence of Drugs (DUID): What Should I Do First?

If you find yourself facing a charge for driving under the influence of drugs (DUID) in Colorado, it’s important to know how to navigate the legal process effectively.

  • 1

    Get legal advice: Reach out to an experienced attorney who specializes in DUID cases. They can offer guidance and help you build a strong defense strategy based on their knowledge of Colorado’s laws.

  • 2
    Understand the charges: Take the time to familiarize yourself with the specific accusations against you. This includes knowing which drugs are being alleged, as well as any additional charges like reckless driving or possession.
  • 3
    Gather evidence: Collect any relevant evidence that could support your defense. This may include witness statements, medical records, or any other documentation that could challenge the prosecution’s claims.
  • 4

    Be cautious with statements: Exercise caution when discussing your case, especially with law enforcement or anyone else involved in the legal process. Remember that anything you say can be used against you later, so it’s crucial to consult with your attorney before making any statements.

Get a DUID Defense Attorney Who Fights for You

When you’re facing charges for driving under the influence of drugs (DUID) in Colorado, it’s crucial to have a skilled defense attorney on your side.

DUI Law Firm Denver can provide you with the strong legal representation you need to navigate through the complexities of the legal system and achieve the best possible outcome.

We have extensive knowledge of the laws and regulations surrounding drug-related DUI offenses in Colorado. We understand the scientific aspects of drug impairment testing and can effectively challenge any unreliable evidence presented by the prosecution.

We will fight for your rights by thoroughly examining all aspects of your case. We will carefully analyze police reports, witness statements, chemical test results, and other crucial evidence to identify any inconsistencies or violations of your constitutional rights during arrest or investigation.

DUI Law Firm Denver can negotiate with prosecutors to potentially reduce charges or secure alternative sentencing options like probation or community service. If necessary, we will vigorously advocate for your interests during trial proceedings.

DUI Law Firm Denver Will Fight Tenaciously to Protect Your Rights

When you find yourself facing a DUID charge in Colorado, DUI Law Firm Denver can provide you with aggressive and dedicated legal representation. Our main goal is to protect your rights and ensure that you receive the best possible outcome.

  • Experienced Attorney: DUI Law Firm Denver has Emilio De Simone who specializes in DUID cases and possesses extensive knowledge of Colorado’s laws and regulations when it comes to driving under the influence of drugs.
  • Protection of Rights: Throughout the entire legal process, it’s essential that your rights are protected. DUI Law Firm Denver will work tirelessly to ensure that your constitutional rights are upheld.
  • Potential Defenses: We can identify potential defenses based on the circumstances surrounding your arrest. We will carefully examine all the evidence, including field sobriety tests, blood test results, and any procedural errors that may have occurred during your arrest.
  • Aggressive Representation: We understand how important it is to fight for your best interests. We will negotiate with prosecutors, challenge evidence, and present compelling arguments to help you achieve the best possible outcome.

What Is a Drug Recognition Expert (DRE)?

A Drug Recognition Expert (DRE) is responsible for evaluating individuals who are suspected of being impaired by drugs. These experts conduct a standardized assessment that involves examining various physiological and behavioral factors. DREs are highly trained law enforcement officers who have received specialized training to detect and identify drug impairment. They are called upon when there is suspicion that a person may be driving under the influence of drugs (DUID).

Marijuana is one of the most commonly encountered drugs in cases involving impaired driving charges. It can have negative effects on driving ability, including slower reaction time, impaired judgment, and decreased coordination. DREs have received specific training to recognize the signs and symptoms associated with marijuana use.

In addition to marijuana, DREs are also trained to identify the impairing effects of other common drugs like opioids, stimulants, sedatives, and hallucinogens. They have particular expertise in detecting impairment caused by the combination of drugs or substances that may not be easily detected through conventional methods such as breathalyzer tests.

DREs employ a thorough evaluation process that includes physical examinations, eye movement tests, divided attention tasks, and toxicology screenings. Through these assessments, they provide valuable evidence regarding the presence and extent of drug impairment in individuals suspected of driving under the influence. Their expertise is crucial in ensuring accurate assessments for legal proceedings related to drug-impaired driving offenses.

What’s Considered Too High to Drive?

Drug impairment is considered too high for driving when it significantly affects a person’s ability to safely operate a vehicle. Determining the level of impairment caused by drugs, including marijuana, involves considering several factors:

  • Influence of marijuana: Marijuana can impair cognitive and motor functions necessary for safe driving, such as attention, reaction time, and coordination. The psychoactive compound THC can remain in the body for hours or even days after use.
  • Drugged driving: Driving under the influence of drugs is a serious offense that can lead to criminal charges. Law enforcement officials rely on standardized field sobriety tests and drug recognition experts to identify signs of impairment.
  • Level of impairment: The extent of impairment caused by drug use varies based on factors like dosage, individual tolerance, and the specific drug involved. Different drugs can have different effects on driving abilities.

Individuals charged with drugged driving can mount a strong defense by challenging the accuracy or reliability of test results or providing evidence that their impaired state was not due to drug use but other factors.

Drugs That Can Support a DUID Charge

Driving under the influence of drugs can lead to serious criminal charges. In Colorado, if a person has any amount of a Schedule I controlled substance or its metabolite in their blood, they can be charged with Driving Under the Influence of Drugs (DUID). Additionally, having more than 5 nanograms per milliliter (ng/mL) of delta-9-tetrahydrocannabinol (THC), the active component of marijuana, in their blood can also result in DUID charges.

DUID charges can also be supported by the presence of other drugs, both prescription medications and illegal substances. It’s important to note that even though some medications are legal when prescribed by a doctor, they can still impair a person’s ability to drive safely. For example, sedatives, tranquilizers, antidepressants, and opioids can cause drowsiness or affect reaction times.

It’s crucial for individuals to comprehend the potential consequences of driving under the influence of drugs, whether they are illegal substances or prescription medication. By doing so, we can ensure road safety for everyone.

How Do Drugs Affect My Ability to Drive?

Drugs can greatly impair a person’s driving skills, just like alcohol does. Here are four ways in which drugs can affect your ability to drive:

  • Impaired judgment and decision-making: Drugs can alter your cognitive function, leading to poor judgment and decision-making skills. This can make it difficult for you to anticipate hazards, take unnecessary risks, and make quick decisions while driving.
  • Decreased coordination and motor skills: Many drugs affect your motor skills, such as muscle control, coordination, balance, and reaction time. This can make it challenging for you to maintain control of your vehicle or respond appropriately to traffic situations.
  • Reduced attention and concentration: Drugs can have a negative impact on your attention span and concentration levels. If you’re under the influence, you may easily get distracted or struggle to focus on multiple tasks at once. This increases your chances of getting into accidents.

  • Altered perception and sensory processing: Some drugs can distort your perception of reality by affecting your visual or auditory senses. This can make it difficult for you to accurately judge distances, speeds, or sounds while driving.

Considering these factors, it is crucial for drivers to understand the potential dangers associated with drug use when behind the wheel. To ensure the safety of all road users, it is necessary for individuals to avoid using drugs that impair their physical control over a vehicle.

Penalties for Drugged Driving in Colorado

The penalties for drugged driving in Colorado are quite substantial and are intended to discourage individuals from operating a vehicle while under the influence of drugs. These penalties encompass fines, the revocation of one’s license, potential jail time, mandatory drug education programs, and other consequences that may be applicable depending on the situation.

When it comes to drugged driving in Colorado, the penalties can vary depending on various factors such as any previous offenses and whether there are any aggravating circumstances involved. For a first offense, it is typically considered a misdemeanor, with fines ranging from $600 to $1,000 and the possibility of up to one year of imprisonment. In addition to these penalties, offenders may also be required to participate in mandatory drug education or treatment programs.

For subsequent offenses or cases involving aggravating factors such as accidents resulting in serious bodily harm or death, the penalties become more severe. In such instances, felony charges can lead to higher fines and longer periods of imprisonment.

In order to build a strong defense against drugged driving charges in Colorado, it is crucial for individuals to seek legal assistance. An effective defense strategy may involve challenging the evidence presented by the prosecution, questioning the legality of any traffic stops or searches carried out by law enforcement officers, or demonstrating that there was no impairment at the time of driving.

What Are the Defenses to Drugged Driving in Colorado

When facing drugged driving charges in Colorado, it is crucial to develop a strong defense strategy. This involves challenging the prosecution’s evidence and questioning the legality of any traffic stops or searches conducted during the arrest. There are several defenses that can be utilized in these cases:

  • Scrutinizing the accuracy and reliability of chemical tests: It is important to examine the procedures followed by law enforcement officers when administering chemical tests. Any errors or inconsistencies in testing methods, equipment calibration, or sample handling can weaken the prosecution’s case.
  • Questioning the observations of the arresting officer: The credibility and expertise of the officer involved can be called into question. This includes investigating whether there were any biases, distractions, or external factors that may have influenced their perception of impairment.
  • Arguing lack of probable cause: If an officer initiated a traffic stop without reasonable suspicion or conducted a search without probable cause, any evidence obtained through these actions may be considered inadmissible.
  • Asserting violations of constitutional rights: Defendants can argue that their Fourth Amendment rights against unreasonable searches and seizures were violated during the arrest process.

Engaging with an experienced criminal defense attorney who specializes in drugged driving cases in Colorado is crucial for building a strong defense strategy based on these potential legal challenges. Contact DUI Law Firm Denver today!

You need the best DUI Attorney you can find!

Contact DUI Law Firm Denver today!

How Is the Amount of Marijuana Tested in My System?

Testing for the amount of marijuana in an individual’s system can be done by analyzing biological samples like blood, urine, or saliva. These samples are usually collected during drug tests for various purposes, such as checking for driving under the influence (DUI) cases. In states where medical marijuana is legal, people with a prescription may be allowed to use it. However, it’s important to note that even if someone has a valid prescription for medical marijuana, they can still face legal consequences if their ability to drive safely is impaired due to intoxication.

Laboratory tests analyze these biological samples to measure the concentration of delta-9-tetrahydrocannabinol (THC), the active ingredient in marijuana that causes psychoactive effects. The test results indicate recent marijuana use and can help determine the level of impairment an individual had while driving.

In DUI cases involving marijuana, these test results are often used as evidence to support charges against individuals suspected of driving under the influence. Depending on the jurisdiction and local laws, having high levels of THC in biological samples can lead to penalties like license suspension, fines, or mandatory substance abuse classes or treatment programs.

It’s important to understand that these tests don’t directly indicate the level of impairment a person had while operating a vehicle. The effects of marijuana vary for each person based on factors like tolerance and frequency of use. Therefore, determining if someone was impaired by marijuana while driving requires additional evidence beyond just THC levels in biological samples.

Colorado’s Open Container Laws: What You Need to Know

According to Colorado law, “open marijuana containers” are defined broadly and can include partially consumed containers and previously opened bottles. A receptacle or marijuana accessory that carries any amount of marijuana is specifically described as one that:

  • That is open or has a broken seal; or
  • The contents of which are partially removed; and
  • There is evidence that marijuana has been consumed in the vehicle.”3

Driving with an open canister of marijuana in Colorado does not violate the law unless there is evidence that it has been:

  • smoked,
  • inhaled,
  • eaten, or
  • otherwise consumed in the car.

This differs from open alcohol container laws – you may receive a citation even without evidence of alcohol consumption.

It’s important for individuals to understand and follow these laws to avoid legal consequences, such as charges of vehicular assault, license suspension, or mandatory alcohol evaluation programs. By adhering to these regulations, drivers can help ensure their own safety and the safety of others on Colorado’s roads.

Is It Still a DUID if It’s Medicinal Marijuana in My System?

The presence of medicinal marijuana in someone’s system raises questions about impairment and legal implications. In Colorado, where both recreational and medicinal marijuana use is legal, it is important to distinguish between impairment caused by marijuana use and the legality of having it in one’s system while driving. This issue becomes even more complex when considering individuals who use marijuana for medical purposes.

To understand how impairment due to medicinal marijuana is evaluated, we need to consider the scientific evidence on its effects and the legal standards set forth by Colorado law. THC, the psychoactive component of marijuana, can impair cognitive functions such as attention, memory, and coordination. However, the effects of THC vary depending on factors like dosage, frequency of use, tolerance levels, and individual differences.

In Colorado, a person may be charged with Driving Under the Influence of Drugs (DUID) if they have ‘five nanograms or more’ of THC per milliliter in their blood while driving. It is worth noting that this standard does not differentiate between recreational and medicinal use. Therefore, individuals who have legally consumed medicinal marijuana could potentially face legal consequences if their THC levels exceed this threshold.

It is crucial for individuals using medicinal marijuana to be aware of these laws and consult with legal professionals about any potential risks associated with driving under its influence. As research continues on understanding how different factors impact impairment due to marijuana use, policy adjustments may occur to better align legal standards with scientific evidence.

Contact DUI Law Firm Denver today to get the help you need.

Is It Illegal to Drive on Prescription Drugs?

When it comes to driving under the influence of prescription drugs in Colorado, it’s important to consider the legality of such actions. The state has implemented laws aimed at ensuring road safety and holding drivers accountable for their behavior. If a person’s ability to operate a vehicle safely is impaired by prescription drugs, it can be considered illegal.

Law enforcement officers in Colorado receive training to identify signs of impairment caused by prescription drugs. If an officer suspects that a driver may be impaired, they have the authority to conduct field sobriety tests or request a blood test to determine the presence and concentration of drugs in the driver’s system.

Here are some key points to keep in mind when it comes to driving on prescription drugs:

  • It is against the law to drive if prescription medication impairs your ability to operate a vehicle safely.
  • Evidence of guilt can be based on observations made by law enforcement officers, performance on field sobriety tests, and the results of blood tests.
  • Penalties for driving under the influence of prescription drugs can vary depending on factors such as prior convictions and the severity of any resulting accidents or injuries.

It is crucial for individuals taking prescription medications to understand how these drugs may affect their ability to drive safely. Seeking guidance from healthcare professionals and adhering to prescribed dosage guidelines can help prevent potential legal issues and promote road safety.

Sitting in a Parked Car While Intoxicated – Can I Still Be Charged with DUID?

There’s a potential legal concern regarding whether someone can be charged with driving under the influence of prescription drugs (DUID) if they’re sitting in a parked car while intoxicated. In Colorado, and in many other places, driving isn’t limited to operating a vehicle on public roads. It also includes being in actual physical control of a vehicle. So, even if a person isn’t actively driving but has the ability and intent to do so while under the influence of prescription drugs or alcohol, they may still face DUID charges.

Determining whether someone is in actual physical control of a vehicle depends on various factors. These factors may include where the person was found in the vehicle, whether they had the keys, and any evidence indicating their intention to drive. For instance, if a police officer sees someone slumped over behind the wheel with their foot on the brake pedal, smelling strongly of alcohol, or showing signs of impairment from prescription drugs, that would provide reasonable grounds for charging them with DUID.

While blood alcohol level is typically used as evidence for charging drunk drivers, it can also be used as evidence for charging individuals intoxicated by prescription drugs. In Colorado, state laws regarding DUID cover both alcohol and drugs.

Prior Convictions and their Influence on Current Charges

Driving under the influence can have serious consequences, especially if you have prior convictions. In Colorado, subsequent offenses for impaired driving carry harsher penalties. Here are four important points to consider about how prior convictions can impact current charges:

  • Increased Penalties: If you have previous convictions for impaired driving, the penalties for subsequent offenses become more severe. This means longer license suspensions, higher fines, and mandatory jail time.
  • Enhanced Sentencing: The court takes into account any prior convictions when deciding on a suitable sentence. Multiple convictions for driving under the influence can lead to longer probation terms or even mandatory incarceration.
  • Habitual Offender Status: After accumulating a certain number of prior convictions for impaired driving within a specific timeframe, you may be labeled as a habitual offender. This comes with additional legal consequences and can result in longer periods of license revocation.
  • Importance of Legal Representation: Given the potential consequences of multiple impaired driving convictions, it is crucial to seek guidance from experienced criminal defense lawyers. They can help navigate the complex legal processes and advocate for reduced charges or alternative sentencing options.

Adhering to traffic laws and seeking legal assistance, when necessary, can help individuals avoid repeated violations and mitigate potential repercussions.

Contact DUI Law Firm Denver Today

If you find yourself facing impaired driving allegations in Denver, reach out to DUI Law Firm Denver for the necessary legal assistance and guidance.

Once arrested for DUID, the Department of Revenue will automatically start proceedings to suspend your license. However, by contacting DUI Law Firm Denver today, you may be able to challenge this suspension and potentially obtain a restricted license that allows you limited driving privileges during your case.

In addition to license suspension, individuals convicted of DUID in Colorado may face misdemeanor penalties like fines, probation, mandatory substance abuse education or treatment programs, and community service. The severity of these penalties depends on various factors, including prior convictions and the specific circumstances of the offense. Therefore, it’s essential to consult with our experienced and reputable attorney to understand and navigate potential penalties effectively.

DUI Law Firm Denver can help protect your rights, explore possible defense strategies, negotiate with prosecutors on your behalf, and strive for the most favorable outcome given your circumstances.

You do not have to fight alone. Contact us today!