Drug Related DUIs

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Impared drivers under the influence of drugs are a threat to other drivers

Drug related DUI arrests make up about 10% of DUI related arrests that I deal with, but are certainly on the rise. The problem is that there is confusion right now, because people think that they are all right, but they have to be more careful when they drive. Here is a Q&A that I did regarding drug related DUI.

Q: “Actually, is
there a law that addresses if someone has metabolized marijuana or other drugs in their system, but maybe they haven’t used drugs that day? Would they still be charged with a drug related DUI?”

A: Well, getting charged and being convicted are two different things, of course. I’ve dealt with a number of these, and we’ve become more sophisticated now with the blood tests. It’s important to get a blood test, if you’re being charged, to know what the levels are. We have active THC and non-active THC levels.

The state legislation has recently established a level of 5 nanograms active THC in the blood that presumes the driver to be under the influence, like as we have with alcohol, which is 0.08 blood alcohol content. But people can be convicted with just 2 nanograms or less of active THC in their blood system. It doesn’t take very much ingesting to do that. However, it doesn’t take all that long for the levels to decrease in active THC, but studies are ongoing for consistent users. The testing, just to see if there are any levels THC at all could last for a couple of weeks. But, that’s why they had to narrow this to what is considered the active delta 9 THC level.

If you have any more questions about a drug related DUI call me today at 303 442 6448 for a free consultation. I have been practicing law in Boulder since 1983, and I am here to provide you with service that makes a difference!

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Lawyer Q&A: DUI

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Here is the latest in a series of Lawyer Q&A. This weeks topic focuses again on DUI defense in Colorado.

Q: The fifth amendment of the US constitution says that I do not have to incriminate myself. Why should I give a blood or breath test if stopped while driving? Isn’t it better if they do not have the evidence against me?

A: Yes, you have that right but the courts have decided that the present Colorado law is allowable to basically force you to give a test. Your privilege to drive (not a right) can be taken away for a year if you refuse a test. The law says that by driving in Colorado you have already consented to giving a test and if the situation is right for an officer to ask for a test and you refuse then you lose your license for a year. Also without proof what the level is of the alcohol in your blood the DA and the courts assume that it is very high. The worst thing that you could do is not take the test because you have had nothing or very little to drink. You will not be able to prove that you were not drinking. The case will depend on your behavior, condition of your eyes and speaking pattern as well as other roadside tests you might be asked to do. If they wrote the ticket there is a very good chance that the police report will have that kind of evidence in it.

 If you have any questions about a DUI, call me today at 303 442 6448 for a free consultation.  I have been specializing in DUI cases in Boulder and surrounding areas since 1983, and my goal is to provide you with personal service that makes a difference!

Attorney Services In Boulder, Colorado

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If you live in Boulder or surrounding areas and need an attorney in areas that include Trust and Estate Planning, DUI Defense, and Bankruptcy give The Law Offices Of Paul Stuber a call today. I have been practicing law in Colorado since 1983.

Check back to my blog weekly for more information on all of these areas. I will be posting more information on these areas for you here or at my website. Also, feel free to check out my Facebook page, or follow me on Twitter for more updates. If you have any questions, please feel free to give me a call at 303.442.6448 or send me an email to [email protected]. My goal is to provide personal service. I would love to hear from you!