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Marijuana DUI Charges in Colorado

Driving under the influence of marijuana is treated as a serious criminal offense in Colorado. Even though marijuana is legal for recreational and medical use under state law, operating a motor vehicle while impaired by marijuana can result in arrest, prosecution, and significant penalties. These cases often involve roadside stops, blood tests, field sobriety evaluations, and subjective interpretations of impairment.

Marijuana DUI cases are fundamentally different from alcohol DUI cases. Unlike alcohol, there is no clear scientific consensus that directly correlates THC levels with impairment in the same way blood alcohol concentration does. As a result, marijuana DUI prosecutions often rely heavily on officer observations, Drug Recognition Expert (DRE) opinions, and circumstantial evidence.

If you are being investigated or charged with a marijuana DUI in Colorado, the stakes are high. A conviction can affect your freedom, your driver’s license, your employment, and your future. These cases demand a defense attorney who understands both DUI law and the unique scientific and legal issues surrounding marijuana impairment.

Colorado Marijuana DUI Defense Attorney

Colorado law defines marijuana DUI broadly, allowing prosecutors to pursue charges even when a driver does not appear overtly impaired. Because these cases involve complex science, evolving law, and subjective police assessments, the consequences can be severe.

At the Law Office of Matthew A. Martin, P.C., we understand that many marijuana DUI cases stem from lawful marijuana use, residual THC in the body, or misinterpretation of driving behavior. We fight to ensure that clients accused of marijuana DUI receive a strong, fair defense based on evidence—not assumptions.

If you or someone you love has been accused of driving under the influence of marijuana, call (303) 725-0017 to schedule your free consultation today.

Information Center

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Definition of Marijuana DUI Under Colorado Law

Marijuana DUI in Colorado is governed primarily by Colorado Revised Statutes § 42-4-1301. Under the statute, a person may be charged with DUI if they operate a motor vehicle while substantially incapable of safely operating the vehicle due to the use of marijuana or marijuana concentrates.

Colorado law also establishes a permissible inference of impairment when a driver’s blood contains 5 nanograms or more of delta-9 THC per milliliter. Importantly, this is not a per se limit like alcohol. The prosecution must still prove actual impairment.

Drivers may also be charged with DWAI (Driving While Ability Impaired), a lesser offense that requires a lower showing of impairment.

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How Marijuana DUI Investigations Are Conducted

Marijuana DUI investigations often involve:

  • Traffic stops based on alleged driving behavior
  • Officer observations of eyes, speech, coordination, or odor
  • Field sobriety tests not scientifically validated for marijuana
  • Drug Recognition Expert (DRE) evaluations
  • Blood tests taken hours after driving
  • Admissions regarding marijuana use
  • Bodycam and dashcam footage

Unlike alcohol, marijuana impairment cannot be reliably measured at the roadside, making these investigations highly subjective.

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Penalties for Marijuana DUI in Colorado

Penalties depend on whether the charge is DUI or DWAI, prior offenses, and whether aggravating factors are present.

First-Time Marijuana DUI: A first DUI offense involving marijuana is generally a misdemeanor.

Potential penalties include:

  • 5 days to 1 year in county jail
  • Fines ranging from $600 to $1,000
  • 48 to 96 hours of community service
  • Up to 9 months of license revocation
  • Alcohol and drug education or treatment

First-Time Marijuana DWAI: DWAI carries lesser penalties but still has serious consequences.

Potential penalties include:

  • 2 to 180 days in jail
  • Fines ranging from $200 to $500
  • 24 to 48 hours of community service
  • 8 points on your driving record

Repeat Offenses and Aggravating Factors: Repeat marijuana DUI convictions or cases involving accidents, injuries, or minors in the vehicle carry enhanced penalties, including mandatory jail time and longer license revocations.

Additional Consequences

Beyond statutory penalties, a marijuana DUI conviction may result in:

  • Increased insurance rates
  • Employment consequences
  • Professional licensing issues
  • Immigration consequences for non-citizens
  • A permanent criminal record

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Defenses to Marijuana DUI Charges

  • Lack of actual impairment
    THC presence does not automatically mean impairment. Many drivers test positive long after any intoxicating effects have worn off.
  • Unreliable field sobriety tests
    Standard field sobriety tests were developed for alcohol, not marijuana. Poor performance may be caused by anxiety, fatigue, or medical conditions.
  • Questionable DRE evaluations
    Drug Recognition Expert opinions are subjective and not infallible. Their conclusions can be challenged through cross-examination and expert testimony.
  • Blood test timing and accuracy issues
    Blood draws often occur long after driving, and THC levels can change rapidly. Chain-of-custody errors or lab issues may undermine reliability.
  • Illegal traffic stop or detention
    If police lacked reasonable suspicion or probable cause, evidence may be suppressed.
  • Violation of constitutional rights
    Unlawful searches, improper questioning, or coerced statements may invalidate portions of the case.

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Role of a Colorado Marijuana DUI Defense Attorney

  • Analyzing the traffic stop and arrest
    An attorney reviews whether law enforcement had legal grounds to stop and arrest the driver.
  • Challenging scientific evidence
    Defense counsel examines THC testing methods, timing, and interpretation to expose weaknesses.
  • Cross-examining DRE testimony
    Attorneys scrutinize training, methodology, and assumptions used by Drug Recognition Experts.
  • Protecting driving privileges
    Counsel represents clients in both criminal court and DMV proceedings.
  • Negotiating alternative resolutions
    In appropriate cases, reduced charges, deferred judgments, or dismissal may be pursued.
  • Trial advocacy
    If the case goes to trial, defense counsel challenges the prosecution’s narrative and highlights reasonable doubt.

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Key Elements the Jury Considers

To convict, the prosecution must prove beyond a reasonable doubt that:

  • The defendant operated a motor vehicle
  • The defendant was impaired by marijuana
  • The impairment rendered the defendant substantially incapable of safe driving
  • The evidence was lawfully obtained

Failure to prove any element requires acquittal.

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Frequently Asked Questions

Is it illegal to drive after using marijuana in Colorado?
Yes, if the marijuana use impaired your ability to drive safely.

Does having 5 nanograms of THC automatically mean DUI?
No. It creates a permissible inference, not an automatic conviction.

Can I refuse a blood test?
Refusal carries serious administrative penalties and should be evaluated carefully with an attorney.

Will this affect my driver’s license?
Yes. Marijuana DUI charges often trigger both criminal and DMV consequences.

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Additional Resources

Colorado Revised Statutes § 42-4-1301 – DUI and DWAI – This statute defines DUI and DWAI offenses in Colorado, including marijuana-related impairment.

Colorado Department of Revenue – The DUI Process – Explains the DUI process, and provides information on administrative license consequences following DUI arrests.

Colorado Judicial Branch – DUI Information – Offers general information about DUI cases and court procedures in Colorado.

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Finding a Marijuana DUI Defense Attorney in Colorado

Marijuana DUI cases are complex and often hinge on subjective interpretations rather than clear scientific proof. A strong defense can make the difference between conviction and dismissal.

At the Law Office of Matthew A. Martin, P.C., we are committed to protecting the rights of individuals accused of marijuana DUI throughout Colorado. We carefully analyze the evidence, challenge unreliable assumptions, and fight for fair outcomes.

If you or someone you love has been accused of marijuana DUI, call (303) 725-0017 to schedule your free consultation today.