Colorado Springs Driving Under the Influence of Drugs (DUID) Lawyers
Marijuana DUI Attorneys in Colorado Springs
On average, more than 60 people are arrested each day in Colorado for driving under the influence (DUI) of alcohol, drugs, or a combination of both; and in 2016, more than 17% of these DUID arrests involved marijuana.
Even with marijuana laws becoming more lax in recent years, receiving a DUID can get you in as much trouble as ever. Law enforcement is on the lookout for individuals driving under the influence of drugs and—especially with the relatively new policies surrounding marijuana— many of these individuals may be wrongfully convicted due to a variety of reasons.
Whether or not the controlled substances were obtained legally, such as prescription pills or marijuana, a conviction for driving under the influence of drugs leads to the same or worse penalties as driving under the influence of alcohol. You might be facing jail time, fines, driver’s license revocation or suspension, drug classes, community service, court fees, etc.
If you are accused of DUID in Colorado, you need a seasoned attorney in Colorado Springs with years of practice in all aspects of DUI law. At The Gasper Law Group, we have helped hundreds of clients in Colorado keep their license, stay out of jail, and avoid the harsh consequences of one small mistake.
For FREE initial consultation with us to discuss your situation, you can call our Colorado Springs drug DUI lawyers at (719) 212-2448 or complete our contact form.
DUID charges are complex and often require a nuanced understanding of both the scientific and legal landscapes. Defending against these charges involves scrutinizing every aspect of the arrest process, including how evidence is collected and whether the individual's rights were violated at any point. A proactive defense often involves consulting with medical and scientific experts to counter the prosecution's assertions and to provide evidence that discredits a claim of impairment.
The Gasper Law Group is committed to delivering comprehensive legal assistance, leveraging our in-depth understanding of local Colorado legal stipulations and our commitment to protecting our clients' rights. If you're facing a DUID charge in Colorado Springs, we're here to support you every step of the way in navigating the complicated legal terrain.
Consequences of a DUID in Colorado
The consequences of a DUID are the same as those for driving under the influence of alcohol. Similarly, a DWAID charge results in similar penalties as driving while ability impaired. These legal penalties will also depend on if you have a prior drugged driving offense and other circumstances of the case.
Consequences of a DUID include:
- Jail or prison time
- Large fines
- Substance abuse treatment
- Ignition interlock restriction
- Increased insurance costs
- Community service
- Probation
- Loss or suspension of your Colorado driving privilege (especially for DUI)
Beyond legal repercussions, a DUID conviction may have unforeseen social and financial ramifications. It can affect your employment status, particularly if you hold a position that requires driving as a primary component of your duties. Additionally, your personal life may become complicated by the stigma attached to a criminal record, affecting relationships and community standing. These consequences make it imperative to seek legal representation that understands the full scope of impact a DUID can have, both legally and personally.
If you have previous convictions, the severity of consequences escalates with each offense. This compounding effect on penalties underscores the importance of an aggressive legal defense striving for charge reduction or dismissal. Understanding the specific nuances of your situation and the local laws in Colorado Springs can prove pivotal in mitigating the lasting impacts of a DUID.
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DUID Attorneys in El Paso County, CO
Even with marijuana laws becoming more lax in recent years, receiving a DUID can still result in significant consequences. Law enforcement is vigilant about individuals driving under the influence of drugs. With the relatively new policies surrounding marijuana, many individuals may be wrongfully convicted due to various reasons.
Whether or not the controlled substances were obtained legally, such as prescription medication or marijuana, a conviction for driving under the influence of drugs leads to the same or worse penalties as driving under the influence of alcohol. You might be facing jail time, fines, driver’s license revocation or suspension, drug classes, community service, court fees, etc.
If you are accused of a DUID in Colorado, you need an attorney in Colorado Springs with years of practice in all aspects of DUI law. At The Gasper Law Group, we have helped hundreds of clients in Colorado keep their licenses, stay out of jail, and avoid the harsh consequences of a single mistake.
If you were arrested, talk to a qualified DUID attorney in Colorado Springs from The Gasper Law Group. Contact us online or call (719) 212-2448 to secure a consultation. We serve El Paso County and beyond.
Understanding Colorado’s DUID Laws
Under current Colorado law, any detectable amount of drugs in a driver’s system can lead to a DUI or DWAI charge. Colorado has adopted a presumption of impairment at five nanograms of Tetrahydrocannabinol (THC) per milliliter of blood.
When stopped under the suspicion of impairment, the law enforcement officer might bring in a drug recognition evaluator (DRE). They may ask you to exit your vehicle and perform a roadside sobriety test. This evaluation is voluntary, so you do not need to take it.
However, if you are arrested and asked to submit to chemical testing of your saliva or blood, this is NOT optional, which means you will face a penalty if you refuse. Due to marijuana being much harder to detect than alcohol, urine and blood tests are the only ways law enforcement can gauge marijuana impairment.
When the results come back, you may be charged with either a DUI or a DWAI.
Understanding the implications of these charges is crucial, as they can have lasting impacts on your driving privileges and criminal record. It is vital to be informed about your rights when stopped or detained by law enforcement. Having knowledge about the procedural aspects of such tests—and whether they were conducted legally—can significantly bolster your defense in court. Therefore, consulting with a knowledgeable attorney early on can provide crucial guidance tailored to your individual circumstances.
Defining DUI & DUID in Colorado Springs
Driving under the influence of alcohol is charged when your blood alcohol content is .08 or more and is commonly referred to as a DUI. You’re considered to be driving under the influence of drugs, often referred to as a DUID, if there are five nanograms or more of THC per milliliter of blood.
What DWAI & DWAID Mean in El Paso County
In terms of alcohol, driving while ability impaired (DWAI) is a lesser charge if your BAC is over .05 in addition to evidence of intoxication. You could be considered ability-impaired by drugs if you have any amount of THC in your system up to five nanograms. The legal standard is that the alcohol or drugs must affect your mental or physical abilities as they relate to driving to “the slightest degree.”
The distinction between these charges is not just academic; it affects the potential penalties you may face and the legal strategy that should be employed in your defense. A DUI or DUID often incurs harsher consequences than a DWAI, meaning that understanding the level of impairment recognized by law is essential. This complexity necessitates a thorough understanding of legal definitions, which further underscores the necessity of enlisting a legal professional who can navigate these nuances.
How a DUID Attorney in Colorado Springs Can Help
As marijuana use becomes more accepted across the U.S., the policies surrounding it might also continue to change, so you need a criminal defense lawyer in Colorado Springs who stays abreast of the ever-evolving laws. Our experience in handling alcohol DUIs translates to these types of drug cases. However, DUIDs are more complex and require specialized knowledge and experience you can only find at The Gasper Law Group.
We will explore all possible defenses of your drug case. Our investigations may lead us to consult with experts, such as forensic toxicologists or the physician (if one provided a prescription) to determine whether or not the controlled substance found in your blood was likely to impair your driving.
We take painstaking care to review police reports and the DRE’s evaluation to look for mistakes in the blood testing and whether or not your rights were upheld. We fight diligently for dismissal, deferral, or lesser charges. We will even proceed to trial to avoid a conviction and allow you to move on with your life after this ordeal.
Our client-centered approach focuses not only on the immediate legal battles but also on long-term legal solutions. We aim to educate our clients about the intricacies of DUID defenses while guiding them through every phase of the legal process. Building a trust-based relationship allows us to tailor our defense strategy closely aligned with clients’ individual needs and goals. Whether through negotiation, mediation, or trial, our goal remains consistent: to fiercely advocate on your behalf and strive for favorable results in a challenging legal landscape.
If you were arrested, talk to a qualified DUID attorney in Colorado Springs from The Gasper Law Group. Contact us online or call (719) 212-2448 to secure a consultation. We serve El Paso County and beyond.
Fighting a Marijuana DUI Charge in El Paso County
All the state requires for a marijuana DUI is to prove you consumed a certain drug that raised your THC level and that the consumption affected your ability to operate your vehicle. However, that does not mean everyone is affected by THC in the same way.
Marijuana’s effects can vary depending on different factors, including:
- The strength of the marijuana
- The mode of administration (smoked, eaten, vaped, etc.)
- How long the THC lingers in your system
- Other substances you’ve taken
- Your prior experience with marijuana and whether or not you’re a habitual user
Five nanograms might impact first-time users, but habitual users may carry a baseline of 15, 20, or even 30 nanograms per milliliter of THC in their blood at any given time. Those people who have developed a tolerance are not protected from the law that presumes a certain THC level means they are incapable of safely driving.
Unfortunately, being over the legal THC level allows the prosecution to argue that the defendant is presumed intoxicated, even when you have a higher tolerance and it does not affect your ability to drive. As a result, many people who use marijuana, whether obtained recreationally or medically, are wrongfully charged with marijuana DUIs in Colorado.
Defending against a marijuana DUI requires examining the conditions under which the substance was consumed and how those conditions specifically affected your ability to drive. Legal defenses may challenge the validity of drug testing methods or argue against the reliability of THC blood level as an accurate indicator of impairment. By corroborating your defense with scientific insights, we build a robust case against generalized presumptions of impairment, aiming to uphold your driving rights and safeguard your future.
Set up an initial consultation with our office today. Discuss your case with our Colorado Springs Lawyers at
(719) 212-2448 or complete our contact form.
Contact Our Criminal Defense Attorneys in Colorado Springs
The criminal defense attorneys at The Gasper Law Group are former prosecutors with a proven record of success in DUID defense and have handled numerous DUI/DWAI cases in Teller, Arapahoe, Douglas, Pueblo, and El Paso Counties.
Contact us at (719) 212-2448 for a free initial consultation!
Choosing the right legal representation is crucial when facing a DUID charge. Our team brings a unique perspective from working as former prosecutors, providing us with a comprehensive understanding of how DUID cases are built and prosecuted. This insight empowers us to uncover potential weaknesses in the prosecution's case and to develop a strategic defense aimed at protecting your rights.
From the first consultation, our focus is on understanding your situation and crafting a personalized defense strategy. Our commitment to open communication ensures that you’re informed at every step, reducing the stress and uncertainty often associated with legal proceedings. Trust The Gasper Law Group to be your steadfast ally in facing the challenges of a DUID charge.
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