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Are ‘Drugged Drivers’ a Common Concern in Colorado?
Driving under the influence of opioids, marijuana, other drugs, and alcohol can have a profoundly negative impact on your driving abilities. According to the National Institute on Drug Abuse, some estimates show that nearly 44% of drivers in fatal car accidents tested positive for drugs of some kind. Those who use drugs or alcohol should develop strategies that prevent them from getting behind the wheel of a motor vehicle when they are impaired. This may include reaching out to friends and family, taking a taxi or Uber, or opting for public transportation to get home after drinking alcoholic beverages or using drugs. Even if you are a medical marijuana user or your prescription drug causes impairment, you can still be held accountable for DUI charges for driving under the influence of drugs in Colorado.
Driving high is dangerous. In 2022, there were over 100 Colorado auto accident fatalities in which the driver tested positive for marijuana usage. Thankfully, even though the use of cannabis and marijuana has risen in recent years due to the legalization of the drug, we are seeing a steady decline in driving after using cannabis.
If you take any drug that impairs your ability to drive a motor vehicle safely for yourself, your passengers, and others who share the roads with you, you must take steps to ensure your safety and the safety of others by not driving until the drug effects have left your system.
What is the Legal Level of Impairment?
In Colorado, an individual could be arrested for a DUI, DWAI, or DUI-D if the substance they have ingested even slightly affects their degree to operate a motor vehicle properly. With that said, however, there are legal limits for how much of a drug substance you are allowed to have in your body before you will be automatically determined to be under the influence.
Delta 9 THC is a psychoactive substance that creates impairment and euphoric feelings from the use of cannabis or marijuana. Once Delta 9 THC has become metabolized by the body, it becomes inactive. However, this process can take several hours to transpire, leaving you at risk for a DUI-D.
The limit for active THC in a driver’s blood in Colorado is under five nanograms. If your THC levels rise to five nanograms or more, you may be guilty of a DUI-D offense. And again, it is possible to face DUI-D charges even before detecting THC levels in blood.
What is a DUI-D Charge?
In Colorado, there are three primary charges for impaired driving. These include driving under the influence (DUI), driving while ability impaired (DWAI), and driving under the influence of drugs (DUI-D).
DUI-D charges are a subset of DUI offenses that specifically address driver impairment due to the use of drugs or narcotics. A DUI-D charge can involve any type of drug, including marijuana, prescription medications, over-the-counter meds, and illegal substances. If the drug you have taken impairs your ability to drive, you could be at risk of a DUI-D charge.
Police officers have the authority to arrest drivers for DUI-D offenses if they notice any suspicious behaviors that make them believe that an individual has drugs in their system. The belief is that with drugs in the system, the driver would then be unable to exercise safe judgment behind the wheel of a motor vehicle. In many cases, blood will be drawn to further establish the existence of drugs in the system of the driver.
Are Roadside Sobriety Tests Legal?
Yes, a field sobriety test (FST) is a legal means by which law enforcement officers can attempt to ascertain whether an individual is under the influence of drugs or alcohol. However, that does not mean that field sobriety tests are always reliable.
In Colorado, FSTs are voluntary, meaning motorists detained for DUI investigations can refuse to take them without penalty. However, there may still be some consequences worth considering. Many DUI attorneys recommend that their clients politely refuse to take an FST, as the evidence gained from the test is more likely to hurt the driver’s case than help it.
What Are Colorado’s Field Sobriety Tests?
Colorado has three standardized field sobriety tests: the one-leg stand (OLS), the horizontal gaze nystagmus (HGN), and the walk and turn (WAT).
The HGN test looks for involuntary motion that occurs when the subject moves their eyes from one side to the other. A person under the influence may not be able to control their gaze and may be unaware that any deviation from the instructions has even occurred.
The walk-and-turn test requires you to concentrate on more than one thing at a time. In the test, a police officer will instruct you to stand with your feet in the heel-to-toe position, with your arms at both sides. You will then be asked to take nine heel-to-toe steps, turn, and take nine steps back, all the while counting your steps out loud.
The one-leg stand test is also a divided attention test. A driver is asked to raise a foot six inches off the ground while keeping both legs straight. While the foot is elevated, the driver is asked to count to a certain number.
When Are Chemical Tests Required?
The police officers must establish probable cause before arresting you and requiring you to submit to a chemical test. If you fail your field sobriety test, this may be considered probable cause. A chemical test can look for alcohol or drug consumption in your blood.
What Impact Can a Sobriety Test Have on Your DUI-D Case?
FSTs are designed to prove intoxication, not sobriety. They are easy to fail.
They can be used as probable cause for chemical tests and arrests when you fail them. Later, they may be used as evidence against your case in a court of law.
Can You Challenge a Field Sobriety Test Results?
There are several strategies that an experienced DUI defense attorney may utilize when attempting to clear your name if you’ve been charged with DUI-D offenses. The conditions where the test took place must be ideal, meaning that you must have conducted the test on even, dry ground. Evidence showing uneven ground, wet pavement, or other obstacles could present an argument in your case.
Additionally, your DUI defense lawyer may consider pointing out that you have certain physical or medical conditions that make the test difficult for you, even as a sober driver. Your age, weight, musculoskeletal conditions, and other medical conditions could affect your ability to complete a test satisfactorily.
Are You Allowed to Refuse a Sobriety Test?
Not every state allows drivers to decline the opportunity to undergo a sobriety test. In Colorado, you should refuse to take a field sobriety test whenever possible. When a police officer asks you to take a field sobriety test, politely ask the officer if the test is mandatory or not. If the test is not mandatory, you should be allowed to refuse it without immediate consequences.
Contact Us for a Free Consultation Today
Even under perfect conditions and administered by highly trained law enforcement personnel, standardized field sobriety tests typically only have an accurate prediction of inebriation somewhere between 65% and 77% of the time. If you have failed a field sobriety test, this failed test could dramatically hinder your legal options as your case goes to trial. You must retain professional legal counsel from experienced DUI defense attorneys to represent your interests. Contact our law firm to schedule your free initial consultation today. You may reach us at 719-602-7381.
