If you’re wondering, is driving while high a crime? The clear-cut answer is yes. In Colorado, operating a vehicle under the influence of marijuana is legally treated similarly to alcohol impairment, meaning the law makes no distinction between cannabis and alcohol regarding impaired driving offenses. Driving under the influence of marijuana poses significant risks, not only legally but also to your safety and that of others on the road. It’s essential to understand the nuances of Colorado’s cannabis-related DUI laws, which consider both the amount of THC in your bloodstream and observed impairment levels.
Awareness of these specifics can significantly reduce the likelihood of facing severe penalties, including hefty fines, license suspensions, and incarceration. At McAdams Law Office, we frequently assist individuals in Greeley navigating the complexities surrounding marijuana DUI charges by providing clear guidance, tailored advice, and strategic legal defenses.
When Colorado legalized marijuana for recreational use, many mistakenly believed driving after consuming cannabis became legal, too. However, laws governing driving under the influence (DUI) apply to marijuana just as stringently as they do to alcohol. A marijuana DUI is prosecuted similarly, emphasizing impairment, and carries substantial repercussions.
In Colorado, you can face DUI charges if your blood contains five nanograms or more of active THC per milliliter. According to Coloradocannabis, even below this limit, you may still be prosecuted if your driving ability appears impaired.
Marijuana significantly affects critical driving abilities like reaction times, judgment, coordination, and decision-making. According to the Colorado Department of Transportation, THC—the psychoactive component in cannabis impairs the driver’s perception of distance and speed, significantly increasing crash risks.
Colorado enforces strict DUI laws that clearly outline cannabis impairment. Marijuana DUIs are typically handled similarly to alcohol DUIs, where prosecutors use evidence from blood tests, officer observations, and sobriety tests to secure convictions. Even medical marijuana users are not exempt and can face severe consequences if caught driving impaired.
In Colorado, DUI penalties for marijuana can include fines, license suspension, mandatory education courses, and even incarceration. First-time offenders could face jail sentences of up to one year, substantial fines, and a nine-month suspension of their driving privileges. Repeat offenders face increasingly severe consequences, emphasizing the seriousness of marijuana-related DUIs.
Police in Greeley use several methods to detect marijuana impairment. Field sobriety tests, blood tests, and specially trained Drug Recognition Evaluators (DREs) are frequently utilized. Officers rely heavily on physical and behavioral indicators such as bloodshot eyes, impaired coordination, slurred speech, and the odor of marijuana to establish probable cause for further testing.
¨We’re not just a business in Weld County; we’re a part of the community. Living and working here, we’re dedicated to supporting the people of Greeley. Our office is right by the courthouse, deep in the heart of the local legal scene. With over 140 jury trials in 20 years, our experienced attorneys understand that everyone deserves respect and a strong defense, no matter the situation¨
You have the right to refuse a blood test for THC in Colorado, but refusal carries immediate and harsh penalties. Colorado law considers refusal as a violation of implied consent, automatically resulting in license revocation for one year, even if you are ultimately not convicted of DUI. Therefore, refusal should be carefully considered with full awareness of these repercussions.
If charged with a marijuana DUI in Greeley, remain calm and respectful during interactions with law enforcement. Exercise your right to remain silent and request legal representation immediately. An attorney experienced with Colorado DUI laws can analyze the specifics of your case, challenge improper evidence collection, and advocate vigorously on your behalf.
Maintaining thorough documentation and recollection of the incident can be extremely helpful. Take detailed notes about your interactions with law enforcement, including the circumstances leading to your arrest, the officers’ behavior, and any specific tests administered. Sharing this information promptly with your attorney can significantly strengthen your defense.
Moreover, understanding the potential long-term implications of a marijuana DUI conviction is critical. Beyond immediate legal penalties, a DUI record can affect your employment opportunities, professional licensing, and personal reputation. It might even impact your insurance premiums, significantly increasing your financial burden. Therefore, proactive and knowledgeable legal representation is crucial in minimizing these consequences.
Facing DUI charges for marijuana is overwhelming, but you don’t have to navigate the complexities alone. At McAdams Law Office, we provide dedicated representation tailored to your situation. Our team is committed to helping Greeley residents achieve the best possible outcomes. Contact (970) 353-0002 today for confidential advice and start building your defense.
| DUI/DWAI Victories | Criminal Defense Wins |
|---|---|
People v. S.M.Two DUIs downgraded to DWAI, |
People v. M.J.Assault and child abuse charges |
People v. S.D.DUI dismissed, pled to |
People v. S.C.Theft charge dropped, |
People v. B.S.Breath test challenged, |
People v. A.E.Drug charges dismissed, |
People v. E.B.No jail, favorable plea despite |
People v. J.K.Burglary plea reduced, |
People v. R.G.One DWAI dismissed, another reduced with minimal work release. |
People v. C.R.Traffic offense reduced, |
William T. McAdams, known as Bill, is a highly experienced criminal defense attorney and former prosecutor. Since establishing McAdams Law Office in 2006, he has represented clients in cases including DUI, domestic violence, and theft, handling over 100 jury trials. Bill serves clients predominantly in Weld and Larimer counties, including Greeley, Evans, Windsor, Loveland, and Fort Collins. An active community volunteer and member of multiple legal associations, he is dedicated to protecting his clients’ rights.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, William McAdams who has more than 25 years of legal experience as a personal injury attorney.