With 4/20 here and marijuana legalized, the Colorado Department of Transportation (CDOT) is running ads with the message “Drive High, Get a DUI.” But, because of the newness of the legalization of marijuana, the Driving Under the Influence (DUI) statute may not be as accurate as it needs to be, which could result in unjust DUI convictions for those who smoke pot or consume marijuana edibles.
DUI and Driving High Under the Influence of Marijuana: What Does the Law Say in Greeley?
C.R.S. 42-4-1301 – Driving Under the Influence – is defined by Colorado law as:
While the law goes on to specify the varying BAC (blood alcohol content) levels required to charge this crime in Greeley, Windsor and Berthoud, there is only one mention of blood levels related to marijuana:
However, marijuana affects people differently than alcohol, so the science doesn’t always add up. In fact, one hit could make a person hit the 5 nanogram limit. After that one hit, is the person really impaired? As far as edibles go, it can take up to two hours before someone starts to feel the effect of consuming a marijuana edible. That person could have reached the 5 nanogram limit, without even feeling any of the effects of THC – meaning the person was not impaired whatsoever.
If you or someone you love has been charged with Driving Under the Influence of Drugs or Driving While Ability Impaired in Weld, Morgan, or Logan County, be smart, exercise your right to remain silent, and call the best criminal defense attorneys from the O’Malley Law Office at (970) 616-6009 to schedule a free consultation. Together, we can protect your future.
Image Credit: Pixabay – geralt