Charged With Marijuana DUI in Colorado? You May Still Have Defenses
TL;DR: In Colorado, a marijuana DUI or DWAI case is about impairment while driving, not simply marijuana use. A blood result of 5 ng/mL or more of delta-9 THC creates only a permissible inference, not automatic guilt. Early review of the stop, officer observations, statements, and testing may reveal defenses. Contact us for a confidential review.
A marijuana-related driving charge in Colorado is serious, but a charge is not a conviction. The key legal issue is whether the evidence shows the required level of impairment at the time of driving.
What Colorado law requires
Colorado distinguishes between DUI and DWAI involving drugs. Under C.R.S. § 42-4-1301, the focus is on how much the drug affected the driver’s ability to operate a vehicle safely, not on marijuana use alone.
DUI generally alleges a driver was affected to a degree that made the person substantially incapable of exercising clear judgment, sufficient physical control, or due care in the safe operation of a vehicle. DWAI alleges a lesser level of impairment, but still requires proof the person was less able than ordinarily able to drive safely.
The 5 nanogram rule is not automatic guilt
Colorado law states that if a driver’s blood contained 5 nanograms or more of delta-9 THC per milliliter of whole blood, that creates a permissible inference that the person was under the influence of one or more drugs. It is not a conclusive presumption. See C.R.S. § 42-4-1301(6)(a)(IV).
That means the prosecution may rely on the blood result, but the result alone does not automatically prove guilt. The rest of the evidence still matters.
Where defenses often come from
Many marijuana DUI cases depend on the quality of the investigation. Potential defense issues may include the initial stop, the officer’s observations, the timing of events, and the reliability of chemical testing.
- Whether the stop, detention, or arrest was lawful.
- Whether body camera, dash camera, or dispatch records match the officer’s report.
- Whether statements were obtained fairly and reported accurately.
- Whether roadside testing was administered and interpreted reliably.
- Whether blood testing complied with Colorado express consent procedures under C.R.S. § 42-4-1301.1.
- Whether the timing and interpretation of THC results actually support impairment while driving.
Tip
Act quickly. Preserve paperwork, note the timeline, and seek legal review early. Video, witness information, and testing records can become harder to obtain with time.
Checklist
- Save your citation, bond paperwork, and any license-related documents.
- Write down where you were, when you drove, and when any marijuana use allegedly occurred.
- List possible witnesses and preserve texts or ride-share records.
- Avoid posting about the arrest on social media.
- Schedule a case review as soon as possible through /contact.
What to do next
Early case analysis can help identify legal and factual defenses, including suppression issues, weaknesses in officer observations, and problems with testing procedures. For case-specific guidance, contact us.
Sources
Frequently Asked Questions
Is a 5 ng THC blood result an automatic DUI conviction in Colorado?
No. Under Colorado law, it creates only a permissible inference, not automatic guilt.
Can I be charged even if I used marijuana earlier and did not feel impaired?
Yes. A charge can still be filed, but the prosecution must prove the required level of impairment while you were driving.
What evidence matters most in a Colorado marijuana DUI case?
Common evidence includes the reason for the stop, driving pattern, officer observations, statements, video, roadside tests, and blood test procedures and results.
Should I talk about my case after an arrest?
It is usually best not to discuss the case publicly or on social media. Preserve documents and get legal advice promptly.
Colorado disclaimer: This article is general information, not legal advice. Colorado DUI and licensing consequences depend on the specific facts and can change. For advice about your situation, speak with a Colorado attorney.