Can You Get A DUI For Driving Under The Influence Of Marijuana In Colorado?

 

Everyone knows the harsh legal penalties and tragic consequences of driving under the influence of alcohol. What most many people in the state of Colorado do not know is that marijuana DUI in Colorado is illegal and punishable. In fact, it is illegal in all 50 states. However, laws that clearly define what it means to be under the influence vary by state, and so do the applicable punishments. The definition of driving also varies by state.

Marijuana DUI in Colorado

In some states, one would be guilty of driving under the influence if one has any amount of marijuana in one's system. In other states, the driver's urine or blood concentration level determines whether he/she was driving under the influence. A few states, however, require the prosecution to prove that the accused person was driving under the influence.

In Colorado, one is guilty of driving under the influence if one operates a vehicle while under the influence of drugs and/or alcohol, or if one drives a vehicle as a regular user of any controlled substances. A THC level of 5ng/ml or higher in the driver's blood infers that he/she was under the influence. The fact that one may be permitted under the law of the state to use marijuana for medical purposes does not constitute a defense against a charge of DUI.

First offenders usually get a mandatory minimum imprisonment of 5 days, but no more than 1 year in the county jail; a minimum of 48 hours, but no more than 96 hours of community service; a fine of at least $200, but no more than $500; or a period of probation, which must not exceed 2 years. Second, third, and subsequent offenses attract stiffer punishments.

In order to combat drunk driving, the state of Colorado introduced sobriety checkpoints, which are permissible under both the federal and state constitution. These checkpoints average less than 3 minutes and are a relatively minor inconvenience to motorists. Consequently, one eighth of all citations issues in 2014 for impaired driving involved suspected marijuana DUI. Driving under the influence of any drug is just as dangerous and deadly as driving drunk. Anyone who drives while impaired by marijuana is guilty of DUI.

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