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Giving You Another Chance At Freedom
Facing a DUI or DWAI charge is a frightening experience. That leads to problems in your home and work life and can strain your finances. At Liberty Law Center, everyone deserves fair representation and a fair chance. We are dedicated to providing every client with a robust defense and will explore every strategy to ensure you are protected and your voice is heard. Call Liberty Law Center at 719-602-7381 for a free consultation.
Marijauna is Legal in Colorado. Why Was I stopped for a DUI or DWAI?
Colorado law states that while taking cannabis is legal if a person’s ability to operate a vehicle is affected to the slightest degree, they can be arrested for a DUI (Driving under the Influence) or DWAI (Driving while ability impaired). DWAI is a lesser offense under the law.
The law goes on to say that the level of THC (the psychoactive substance in marijuana that impairs a person) that is the legal limit for impairment in Colorado is five nanograms or more per milliliter of whole blood. But you should be aware that if officers believe you show signs of impairment to any degree, the law says that you can still be arrested for a DUI or DWAI even if your blood level registers lower than five mg of THC.
I Use Marijuana for Medicinal Purposes. Can They Still Arrest Me?
There are a lot of misconceptions about Colorado’s laws regarding Marijuana use. Many people believe that because the substance itself is legal, it is without limitations, and that is untrue. While individuals above the age of 21 are legally allowed to possess 2 ounces of marijuana, possession over that amount or any amount if you are under the age of 21 is still a crime in Colorado. That said, if you have a medical card stating you use it for medical purposes and are under 21, you are permitted to have it. No matter the circumstance, you can still be stopped for a DUI or DWAI if the officers believe you to be intoxicated. At Liberty Law Center, we understand that every client’s situation is unique, and each case has nuances that require an understanding of Colorado’s complex drug laws. We provide support and knowledge throughout the entire process.
How Does Marijuana Affect My Driving?
There are many ways in which marijuana can impair your ability to drive safely. You may feel like you can still operate a vehicle completely fine, but the THC in your system is making more of a difference than you know. While it isn’t harming you, many studies have shown that THC does impact people’s driving abilities. Some of these ways include:
- Slowing reaction times- Something which can cause traffic accidents involving both vehicles and pedestrians.
- Difficulties staying in the proper lane
- They have a divided attention span. No one can drive appropriately if they are easily distracted.
- Impaired Cognitive performance. This is the same reason we do not let people who have suffered from extreme dementia, who are of advanced age, or who suffer from other cognitive impairments drive.
- Relaxed inhibitions
- Impaired executive functions-interfering with essential tasks like route planning, risk-taking, or decision making.
Impaired driving is a serious matter that should not be taken lightly. The ramifications of convictions of charges related to these offenses can be far-reaching. The attorneys of Liberty Law Center understand the laws and the penalties you can face.
How Are Law Enforcement Officers Trained to Observe DUIs?
The law may sound unfair because it is worded such that officers are given the leeway to use their judgment to decide if someone is exhibiting signs of impairment, and it doesn’t matter if their blood level meets the legal requirement. It seems as though citizens are left without recourse.
There is a method behind the law. Colorado law enforcement is trained in the detection of alcohol and drugs, and many have participated in advanced training methods. These officers can detect the physical and psychophysical signs of drugged driving. Despite this training, mistakes happen. If you have been unfairly detained or need assistance with your case, the attorneys of Liberty Law Center can help.
How Much Marijuana Can I Have in My Car?
In Colorado, just as with alcohol, you are not allowed to have open containers in your vehicle. According to Colorado law:
- Neither passenger nor driver is allowed to open any cannabis packaging or use it while in the car.
- You can be charged with a DUI or DWAI if the seal on the packaging has been broken, some of the product has been taken, and there is apparent evidence of its use in the vehicle.
- Adults 21 and over are allowed up to two oz of cannabis.
Did I Get a DUI or DWAI Because the Dispensary Sold My Information to the Government?
There has been some concern about the collection of personal information at dispensaries from marijuana purchases in Colorado being shared with the federal government. Many have worried that showing their IDs to purchase cannabis products meant that this information was being collected and tracked by the government since cannabis is still federally illegal.
There is no reason to be concerned. Colorado has banned the collection of personal data from dispensaries. The only reason you are required to show your ID for marijuana purchases is to prove that you are 21 or older. If you were stopped for a DUI or DWAI, it was unrelated to any data collection.
What Do I Do if I Have a DUI or DWAI in Colorado?
Don’t panic. It is stressful, but the DUI Attorneys of Liberty Law Center are here to help you navigate this road. Call 719-602-7381 for a free consultation.