On behalf of Anaya-McKedy, P.C. posted in Drunk Driving on Thursday, November 12, 2015.
Since recreational use of marijuana was legalized in Colorado, there have been many questions about what is legal and what is not when it comes to driving.
The law prohibits individuals from driving under the influence of marijuana – much like the law prohibits individuals from driving under the influence of alcohol.
But how much can you smoke before becoming what law enforcement considers “impaired”?
According to Colorado law, a driver can be prosecuted for driving under the influence (DUI) if he or she is found to be driving with 5 nanograms of active tetrahydrocannabinol (THC) in their whole blood.
However, if a police offer notices that the driver is impaired – and he or she passes the blood test – the driver can still be arrested. Police officers have discretion to arrest drivers who they believe are impaired by alcohol, marijuana or another substance – regardless of what a blood test registers.
Law enforcement officers in Colorado have been trained to recognize signs of impairment by marijuana and other substances. If the driver refuses the blood test, he or she may face administrative penalties that include mandatory use of an ignition interlock device, enrollment in an alcohol or drug treatment class, and other penalties.
If you have been accused of driving under the influence of marijuana, you should talk to a criminal defense attorney as soon as possible. Just as you can fight drunk driving charges, you can fight drugged driving charges too. Contact our law firm to schedule your free consultation.