Marijuana DUI Criminal & DUI Defense in Colorado

Denver Marijuana DUI Attorney

Colorado Marijuana DWI Laws

In Colorado, recreational use of marijuana is legal, but driving under the influence of the substance is not. Even if it affects you to the slightest degree, you could be facing a criminal charge. A conviction for a marijuana DUI can result in jail time, fines, and/or driver's license suspension. These are serious penalties, but you can seek to avoid or minimize them by fighting your charge. To do so aggressively, you need an attorney on your side who understands both the science behind DUI cases and criminal law.

Attorney Jim Medley, of Jim Medley Defense Lawyer, has the experience and skill necessary to effectively challenge marijuana DUI accusations. He is a former police officer with an in-depth understanding of law enforcement's investigative processes in driving under the influence cases. He is also called upon by other attorneys to testify as an expert in roadside DWI tests. Additionally, he has master's degrees in Forensic Toxicology and Criminal Justice and has been practicing criminal defense for 16 years. Our Denver marijuana DUI lawyer is a formidable opponent and is ready to stand up for you from the beginning of your case until its conclusion.

We are prepared to do what it takes to seek a favorable result on your behalf. Speak with our Denver marijuana DUI attorney during a free consultation by calling (303) 228-7044 or submitting an online contact form.

What Is a Marijuana DUI in CO?

The State's marijuana DUI laws are the same as those concerning alcohol-related DUIs. A person may be charged with a marijuana DUI if they operated a vehicle on Colorado streets or highways while affected by weed.

According to Colorado Revised Statutes § 42-4-1301, a person is driving under the influence when a controlled substance (or alcohol) has substantially impaired their ability to operate the vehicle safely.

One difference between an alcohol-related DUI and a marijuana DUI is that with offenses involving alcohol, there is a legal limit by which a person is considered under the influence (when their blood alcohol concentration is at or above 0.08). Although there is no per se limit for marijuana-related offenses, the government can infer that the driver was under the influence of the substance if their blood contained 5 nanograms or more of THC.

Colorado recognizes not only driving under the influence but also driving while ability impaired (DWAI) offenses. A person commits a marijuana DWAI when they operated a vehicle while their physical or mental abilities were even slightly affected by the substance.

What makes marijuana DUI cases complex is that even if someone has marijuana in their system, that does not mean they were under the influence. Weed can be detected in a person's blood days or even weeks after it was consumed. Thus, fighting a marijuana DUI charge requires a firm grasp of the science involved. At Jim Medley Defense Lawyer, our Denver marijuana DUI lawyers use the knowledge we have gained from our extensive training to push back against the State's evidence and argue that various factors besides weed consumption could have affected driving behavior.

How Is a Marijuana DUI Penalized in Colorado?

The penalties for a marijuana DUI or DWAI are the same as those imposed for an alcohol-related violation.

A first-time marijuana DUI is penalized by:

  • Up to 1 year of incarceration, with a minimum term of confinement of 5 days
  • Up to $1,000 in fines
  • Up to 96 hours of public service
  • Up to 2 years of probation
  • At least 1 year of driver's license revocation

A first-time marijuana DWAI is punishable by:

  • Up to 180 days of incarceration, with a minimum term of confinement of 2 days
  • Up to $500 in fines
  • Up to 48 hours of public service
  • Up to 2 years of probation
  • At least 1 year of driver's license revocation

Does Expressed Consent Apply in Marijuana DUI Cases?

Expressed consent refers to a driver's implicit agreement to be subject to chemical testing when they have been lawfully arrested for driving under the influence. Colorado's expressed consent law applies even when the individual was suspected of operating a vehicle with marijuana in their system.

Although a driver can refuse to take a blood, breath, saliva, or urine test to detect drug content, they can face driver's license suspension for such refusal.

The suspension periods are as follows:

  • First offense: 1 year
  • Second offense: 2 years
  • Third or subsequent offense: 3 years

You can challenge the administrative suspension of your driver's license, and our Denver marijuana DUI attorney can be by your side throughout the process.

Contact Our Firm for Help Fighting Your Marijuana DUI Charge

When you need aggressive defense, turn to our Denver marijuana DUI lawyer at Jim Medley Defense Lawyer. We have extensive experience in the criminal justice field and can provide well-rounded legal representation.

To learn more about your charge and legal options, call our Denver marijuana DUI attorney at (303) 228-7044 or submit an online contact form.

Testimonials from Clients

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  • You will not regret your decision.

    “I highly recommend Jim Medley and his team. My brother was looking up a lawyer to represent me when I found myself in need. Upon his searching he had contacted Jim Medley for me due to his reputation and for that I am glad.”

    - Jesse S.

Experience You Can Trust

Why Hire Jim Medley?
  • Over 10 Years' Experience as a Police Officer
  • Masters Degree in Criminal Justice & Forensic Toxicology
  • Over 30 Years of Experience in the Justice System
  • Hundreds of DWI/DUI Cases Dismissed
  • Instructor of Police Sobriety Tests & Former Police Academy Instructor
  • Professor of Criminal Law

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