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!