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Colorado Springs Marijuana DUI Attorney

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Attorney Christian Schwaner

Facing a marijuana DUI charge in Colorado is more than just a legal issue—it can threaten your freedom, reputation, and future. The potential consequences can range from heavy fines to losing driving privileges or even jail time.

Whether this is your first DUI charge or you’ve faced this challenge before, seeking legal assistance from an experienced criminal defense attorney is essential if you have been arrested on suspicion of a marijuana DUI.

Our team, led by former prosecutor Christian Schwaner, understands the intricacies of Colorado marijuana DUI laws and prosecutors’ strategies. We believe everybody has a right to a defense, and we are committed to providing clear guidance and tailored assistance. Don’t let a DUI charge define your life. Contact us today for a free consultation.

Colorado Marijuana Driving Laws

Colorado has been at the forefront of marijuana legalization, making it one of the first states to allow recreational use. However, driving under the influence of marijuana is still illegal.

Tetrahydrocannabinol (THC) is the primary component of marijuana. Driving with as little as five nanograms of THC per milliliter of blood can result in a DUI charge. However, unlike alcohol, where there’s a correlation between blood alcohol content and impairment, the relationship between THC levels and impairment is not as clear.

This means that even if a blood test shows a THC level above the legal limit, it doesn’t automatically prove someone was impaired at the time of driving. Police officers may require drivers to undergo a blood test to determine the concentration of THC in their system. Refusing this test could result in stricter DMV repercussions.

It’s important to note that these laws apply whether someone is a medical marijuana patient or a recreational user. Teaming up with an experienced defense attorney in Colorado may be the best way to minimize charges.

Marijuana DUI Test

When officers suspect a driver is under the influence of marijuana, they may administer a field sobriety test. This typically involves a series of tasks that assess balance, coordination, and mental sharpness. However, these tests may not accurately reflect impairment due to cannabis use.

Officers may also request a chemical test to determine THC levels in someone’s blood. Refusing the blood test can result in a minimum of one year of driver’s license suspension, regardless of the outcome of the DUI (or DUI-D) charge.

Marijuana Sobriety Test

Standardized Field Sobriety Tests (SFSTs) include a battery of three tests – Horizontal Gaze Nystagmus (HGN), Walk and Turn (W&T), and the One Leg Stand (OLS). In comparison, Drug Recognition Experts (DRE) evaluations involve a 12-step process to assess impairment. DREs might be called to assist in the investigation.

Marijuana Impairment Detection

Detecting marijuana impairment is complex due to its unique effects on different people. While some may exhibit signs of impairment, such as slow reaction times or impaired motor skills, others may show no signs at all.

Officers are trained to look for dilated pupils, red eyes, slow speech and reaction times, and the smell of marijuana. However, these signs are not definite proof of impairment and might be challenged by an experienced DUI defense attorney.

Marijuana DUI vs. Alcohol DUI

In alcohol DUI cases, a breathalyzer test measures blood alcohol content (BAC). In contrast, marijuana cases involve blood tests to determine the concentration of THC in the driver’s system.

Although the penalties for both types of DUIs are similar, blood tests alone may not provide definitive evidence of impairment, making the defense process for marijuana DUIs different from alcohol DUIs.

Driving While Ability Impaired (DWAI)

Colorado law defines a DWAI as driving while any drug has impaired a person’s abilities “to the slightest degree.” As long as an officer believes someone is slightly impaired, no matter how much marijuana is in their system, they could be charged with DWAI. While this is technically a lesser charge than a DUI, it still comes with penalties, covered in further detail below.

Penalties for Marijuana DUI

A marijuana DUI conviction can stay on a person’s criminal record indefinitely in Colorado. Here are the specific penalties for DUIs and DWAIs:

First Marijuana DUI Offense

  • Up to 1 year in jail
  • Up to $1,000 in fines
  • Up to 96 hours of community service
  • Suspension of your license for up to 9 months

Second Marijuana DUI Offense

  • Up to 1 year in jail
  • Up to $1,500 in fines
  • Up to 120 hours of community service
  • License suspension for up to 1 year

Third or Subsequent Marijuana DUI Offense

  • Up to 1 year in jail
  • Up to $1,500 in fines
  • Up to 120 hours of community service
  • License suspension for up to 2 years

First DWAI with Marijuana Offense

  • Up to 180 days in jail
  • Up to $500 in fines
  • Up to 48 hours of community service
  • 8 points toward license suspension

Second DWAI with Marijuana Offense

  • Up to 1 year in jail
  • Up to $1,500 in fines
  • Up to 120 hours of community service
  • 8 points toward license suspension

DMV Hearings

DMV hearings in Colorado determine driving privileges after a marijuana DUI arrest. It is crucial to request a hearing within seven days of receiving notice to have the opportunity to present your case and potentially avoid a license suspension.

Ways to Fight a Marijuana DUI

Facing a marijuana DUI charge can be overwhelming, but it’s important to remember that a charge does not equate to a conviction. With the right legal representation, several strategies can be used to fight your case.

Challenging the Traffic Stop

Law enforcement officers must have reasonable suspicion of criminal activity to pull you over. If it can be proved that there were no reasonable grounds for a traffic stop, any evidence collected during the stop may be deemed inadmissible in court.

Questioning Field Sobriety Test Results

Field sobriety tests are not always accurate indicators of impairment, especially regarding marijuana use. Moreover, the subjective nature of these tests, which rely heavily on the officer’s interpretation, further complicates their reliability.  A DUI defense attorney might use this defense to challenge the validity of these tests in court.

Disputing Chemical Test Results

The correlation between THC levels and impairment is not as clear as with alcohol. Therefore, a high THC level does not necessarily mean someone was impaired at the time of driving. An attorney can question whether tests truly proved impairment.

Contact Us for a Free Consultation

Given the severity of possible consequences for marijuana DUI charges, hiring a DUI defense lawyer can tip the scales in your favor. At Christian Schwaner P.C., we know every case is unique and requires a tailored defense strategy based on specific circumstances.

Christian Schwaner is your go-to DUI lawyer in Colorado Springs. With over 20 years of experience and a track record of successful cases, our team is committed to providing you with a strong defense, leveraging our extensive understanding of Colorado’s DUI laws. Contact us for a free consultation.

Frequently Asked Questions

Can a marijuana DUI charge be dropped by proving it was used for medical purposes?

Not unless the defendant can show that they were not intoxicated at the time of the arrest. Otherwise, the use of marijuana for medical purposes is treated the same as intoxication from a legal prescription drug, which can also support a DUI charge.

What happens if someone refuses a marijuana blood test in Colorado Springs?

Drivers’ licenses are suspended for at least one year for those who refuse to take a blood test,  whether this person was convicted of DUI or not.

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Christian-Schwaner
Christian A. Schwaner

Experienced Criminal Defense Attorney

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Christian is a Former Deputy District Attorney who has been defending clients for the last twenty years in the Colorado Springs area. He knows the system and can help clients facing a wide range of criminal charges.

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    I contacted Christian for a DUI case after being told multiple times by other lawyers that there was no hope in helping my case. Christian went above and beyond to help me, and I would not be where I am today without him!

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