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Drug Driving: DUID Attorneys

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 case, you can call our Colorado Springs lawyers at (719) 212-2448 or complete our contact form.

Practicing Law In Colorado Springs FOR OVER 20 YEARS
Set up a FREE initial consultation with our office today. Discuss your case with our Colorado Springs Lawyers at
(719) 212-2448 or complete our contact form.

Colorado’s Driving Under the Influence of Drugs (DUID) Law

Under current Colorado law, any detectable amount of drugs in a driver’s system may 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 alcohol, the law enforcement officer might bring in a drug recognition evaluator (DRE). He or she will probably 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 in which law enforcement can gauge marijuana impairment.

When the results come back, you may be charged with either a DUI or a DWAI.

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Consequences of a DUID in Colorado

The consequences of a DUID are the same as driving under the influence of alcohol. Similarly, a DWAID would be the same 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)
  • Committed to the Community
  • Helping People First
  • Offering Payment Plans
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    Caryn Adams took such good care of me threw out my legal situation and was constantly keeping me in the loop! Couldn’t ask for better representation!
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    "I highly recommend that you not waste your time hiring other attorneys and hire the Gasper Law Group."
    After an absolutely crazy incident that could not have been seen almost anywhere besides a movie. I received some serious charges and was in search of an attorney. They would not only represent me but need to do the right thing because it's the right thing...
    - Lance F.
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    Christine, Kris, and Ebony are amazing and compassionate. We enjoyed every interaction. Gasper Law firm keeps appropriate communication and not in excess which keeps our cost low. We are so very grateful. Even if an unexpected turn in our guardianship hearing they remained diligent to ensure things were done in a timely manner. Thank you so much! You helped complete our family and we are forever grateful.
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    "My charges were dropped and we walked away with all parental rights/custody and a restraining order against the other party."
    Caryn Adams and her team are hands down the BEST. I don't think I would have made it through what I went through without her by my side. My charges were dropped and we walked away with all parental rights/custody and a restraining order against the other party.
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    "From the start, they treated me incredibly well and were very open about everything from my situation."
    The Gasper Law Group was fantastic. From the start, they treated me incredibly well and were very open about everything from my situation. They were incredibly attentive to me and my case and made sure I fully understood everything while supporting me in every way they could. Caryn was AMAZING in handling my case. Her knowledge, confidence, and attentiveness were second to none. I would recommend them to anyone for any situation.
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    Highly professional team of attorneys and paralegal staff who work hard to reach the best outcomes for their clients. A courteous, respectful, and efficient group in all phases and aspects of due diligence, and discovery with effective preparation of cases entrusted to them. The partner representing me, Ms. Caryn Adams was truly impressive in her knowledge of the law, her empathy, and her care for getting the best possible resolution in my favor in pre-trial negotiation. And I have no doubt she and her team would be just as dedicated and efficient in more complex defense situations. I recommend them highly and without reservation in all areas of the law in which they are eminently qualified.
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    I, unfortunately, was involved with two separate situations within a few years of each other, which left me in quite a bind both times. I was lucky enough to have Caryn assist me in both cases and was absolutely floored with the knowledge and expertise that not only she carries, but the firm as a whole. One of the best, if not the best lawyers I've ever come across. Extremely nice and very honest. I was able to resolve my situations with minimal impact and continue my life without fear of being held back.
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How a Colorado Springs DUID Attorney 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 that will keep abreast of the ever-evolving laws. Our experience in fighting alcohol DUIs lends itself 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 bring 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 pour through 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 take your DUI to trial to avoid a conviction and allow you to move on with your life after this ordeal.

Fighting a Colorado Marijuana DUI Charge

All the state requires for a marijuana DUI is to prove you consumed a certain drug that raised your THC level and also that consumption affected your ability to operate your vehicle. However, that does not mean everyone is affected by THC 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 have an impact on 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 built up a highly functioning tolerance are not protected from the law that presumes a certain THC 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 that use marijuana, whether obtained recreationally or medically, are being wrongfully charged with marijuana DUIs in Colorado.

Contact our Criminal Defense Attorneys 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 hundreds of DUI/DWAI cases in Teller, Arapahoe, Douglas, Pueblo, and El Paso Counties.

Contact us for a free initial consultation!

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