Now that Amendment 64 has legalized marijuana in Colorado, drivers need to understand Colorado DUI laws pertaining to marijuana. It is illegal to drive while under the influence of alcohol and/or drugs. This means that if you are stopped, arrested, and convicted of a marijuana DUI in Colorado, you will face potential jail time, fines, and other punishments, just as you would if you were intoxicated from alcohol.

There is a lot at stake if you are arrested for driving under the influence of marijuana. You need to understand the laws to avoid a marijuana DUI charge. If you have been arrested for driving under the influence of marijuana, you need an experienced DUI attorney by your side.

What is the legal limit for a marijuana DUI?

Colorado has a legal limit for driving under the influence of marijuana, just as it does for alcohol. The legal limit is five nanograms of THC (delta 9-tetrahydrocannabinol) per milliliter of blood. If you are pulled over on suspicion of driving under the influence of marijuana, the officer will request that you submit to a blood test. A urine test is not used in marijuana DUI cases. If you refuse the blood test, you may lose your license for up to one year; however, you can refuse to take the standardized field sobriety tests (i.e. walk-and-turn test, eye test, and one-leg stand test) without penalty.

It is your decision whether or not you want to take the blood test. These blood tests can be inaccurate, so your attorney will likely send the sample to another lab to verify the results. It is important that you contact an attorney as soon as possible after being arrested on a marijuana DUI charge so that your attorney can begin to prepare a defense for your situation. Consequences for driving under the influence of marijuana in Colorado can be severe depending on your past record.

Penalties for a Marijuana DUI

The penalties for a conviction of driving under the influence of marijuana depend on the number of times you have been charged with the offense and your age.

For adults 21 years and older:

  • Marijuana DUI First Offense – Suspended license for up to nine months, five days to one year in jail, a fine between $600 and $1,000, and/or 48 to 96 hours of community service.
  • Marijuana DUI Second Offense – Suspended license for up to a year, 10 days to one year in jail, a fine between $600 and $1,500, and/or 48 to 120 hours of community service.
  • Marijuana DUI Third or Greater Offense – Suspended license for up to two years, 60 days to one year in jail, a fine between $600 and $1,500, and/or 48 to 120 hours of community service.

If you have three or more marijuana DUI offenses within a seven year period, you also face being charged as a habitual traffic offender and losing your license for up to five years.

For minors under the age of 21:

  • Marijuana DUI First Offense – License suspension for three months, a $100 fine, and up to 24 hours of public service.
  • Marijuana DUI Second Offense – License suspension for six months.
  • Marijuana DUI Third or Greater Offense – License suspension for one year.

Call a Denver DUI Defense Attorney

If you have been arrested for driving under the influence of marijuana or alcohol, contact the Law Office of Andres R. Guevara for a consultation. We understand the serious nature of these charges and we want to help you protect your future by limiting the consequences from a DUI conviction.