Colorado Springs DUID Lawyer
DEFENSE AGAINST DRUG IMPAIRMENT CHARGES
On This Page
- Charged With DUID in Colorado Springs?
- How Colorado Defines Drugged Driving
- Marijuana and the 5 Nanogram Inference
- Prescription and Over-the-Counter Drugs
- How Police Build a DUID Case
- Alcohol and Drugs Together
- DUID Penalties
- Your License in a DUID Case
- How DUID Charges Are Defended
- Consequences Beyond the Sentence
- Working With a Colorado Springs DUID Lawyer
- Frequently Asked Questions
- Sources
Charged With DUID in Colorado Springs?
Driving under the influence of drugs, often called DUID, is charged under the same Colorado statute as alcohol DUI. It can involve marijuana, prescription medications such as sleep aids or painkillers, over-the-counter drugs, or illegal substances. Many people charged with DUID were taking a medication exactly as prescribed or used marijuana legally hours or even days earlier.
DUID cases are different from alcohol cases in important ways. There is no breath test for drugs, blood results do not measure impairment the way alcohol levels do, and the case often depends on an officer's opinion after a drug recognition evaluation. Those differences create defenses that do not exist in many alcohol cases.
This page explains how Colorado defines drugged driving, the marijuana inference, prescription drug cases, the evidence police rely on, the penalties, the license consequences, and how DUID charges are defended in El Paso County and the surrounding counties.
What to Do After a DUID Arrest
- Write down what you took and when, including prescriptions, doses, and any marijuana use, for your lawyer only.
- Gather your prescriptions and pharmacy records.
- Do not discuss your drug use with police, on social media, or with anyone other than your lawyer.
- Check your paperwork. If you refused a test or had alcohol in your system, a DMV deadline may apply. Our DMV hearing page explains it.
- Request your blood test records through your lawyer, including the lab's documentation.
How Colorado Defines Drugged Driving
Under C.R.S. 42-4-1301, both DUI and DWAI cover alcohol, drugs, or a combination:
| Offense | What the Prosecution Must Show |
|---|---|
| DUI | A drug, alcohol, or both left the driver substantially incapable of exercising clear judgment, sufficient physical control, or due care in the safe operation of a vehicle. |
| DWAI | A drug, alcohol, or both affected the driver to the slightest degree, so that they were less able than they ordinarily would have been to exercise clear judgment, physical control, or due care. |
"Drug" includes controlled substances, marijuana, and any substance that affects the nervous system, brain, or muscles in a way that impairs judgment or coordination, including many prescription and over-the-counter medications. Combining a small amount of alcohol with a drug, even a legal medication, is a common basis for charges.
Unlike alcohol, there is no per se blood level that automatically establishes DUI for most drugs. The prosecution must prove impairment through evidence of driving, behavior, testing, and opinion testimony.
Marijuana and the 5 Nanogram Inference
Recreational marijuana is legal for adults in Colorado, but driving while impaired by it is not. Under Colorado law, if a blood test shows 5 nanograms or more of delta 9-tetrahydrocannabinol (THC) per milliliter of whole blood, the jury may infer that the driver was under the influence. That is a permissible inference, not a presumption, and it can be challenged.
THC is different from alcohol in ways that matter in court:
- THC levels drop quickly. Active THC in the blood falls rapidly after use, so a blood draw an hour or more after a stop may not reflect the level at the time of driving.
- Regular users can test high without being impaired. Frequent users can have measurable THC long after the effects wear off.
- Occasional users can be impaired at low levels. A result under 5 nanograms does not prevent a charge, and prosecutors can still try to prove impairment through other evidence.
- Metabolites are not proof of impairment. Inactive THC metabolites can remain in the body for days or weeks. Only active THC supports the inference.
Medical marijuana patients are subject to the same rules. A medical card is not a defense to driving while impaired.
Prescription and Over-the-Counter Drugs
Many DUID cases involve legal medications, such as:
- sleep medications such as zolpidem (Ambien)
- benzodiazepines such as alprazolam (Xanax) and clonazepam (Klonopin)
- opioid pain medications
- muscle relaxants
- certain antidepressants, antihistamines, and cold medicines
- stimulants, including medications for ADHD
Having a valid prescription is not by itself a defense to DUID. The question is whether the medication actually impaired the person's driving. A person who has taken the same dose for years, at the same time each day, may not be impaired by it at all, and their medical history, tolerance, and the timing of the dose all matter.
Unusual reactions, such as complex sleep behaviors caused by some sleep medications, can raise questions about whether the person knowingly chose to drive. Those cases need careful medical review.
How Police Build a DUID Case
The Stop and Field Sobriety Tests
DUID cases usually begin with a traffic stop for weaving, speeding, or a crash. Officers look for signs such as red eyes, slow speech, or the odor of marijuana and ask the driver to perform roadside maneuvers. These maneuvers are voluntary, and they were designed primarily to detect alcohol impairment.
Drug Recognition Evaluations
Many DUID arrests involve a drug recognition evaluation, a 12-step process performed by an officer with advanced training. It includes eye examinations, vital signs such as pulse and blood pressure, muscle tone, divided attention tests, and an interview. The evaluator then offers an opinion about which category of drug, if any, caused impairment. These opinions are subjective and are often challenged, particularly when the blood test does not match the evaluator's conclusion.
Blood Testing
Under Colorado's Express Consent law, C.R.S. 42-4-1301.1, a driver suspected of drug impairment can be required to submit to a blood test.
Even a driver who took a breath test for alcohol may be asked for blood if the officer suspects drugs. Blood is usually tested by the Colorado Bureau of Investigation or a private lab. The lab's procedures, chain of custody, and the time between driving and the blood draw are all important.
Statements
Statements about what the driver took, and when, are often the strongest evidence in a DUID case. Many drivers explain their medications in detail at the roadside, not realizing those statements will be used to prove impairment.
Alcohol and Drugs Together
Many DUID cases involve a combination of a small amount of alcohol and a drug, often a legal medication or marijuana. A driver whose breath test shows a BAC below 0.08 may still be charged with DUI or DWAI if the officer believes another substance added to the impairment.
In these cases, prosecutors usually rely on the combined effect of the substances and on testimony that the drugs and alcohol can intensify each other. The defense focuses on the actual levels found, the timing, the person's tolerance, and the driving and video evidence. A low BAC on its own often supports a reduction, because it suggests the person was not significantly impaired by alcohol.
A combined case can also bring the alcohol-based license consequences if the BAC was 0.08 or more, and an interlock requirement on reinstatement.
DUID Penalties
A drug-related DUI or DWAI carries the same penalties as an alcohol-related offense under C.R.S. 42-4-1307:
| Conviction | Jail | Fine | Useful Public Service |
|---|---|---|---|
| First DUI | 5 days to 1 year | $600 to $1,000 | 48 to 96 hours |
| First DWAI | 2 to 180 days | $200 to $500 | 24 to 48 hours |
| Second offense | 10 days to 1 year | $600 to $1,500 | 48 to 120 hours |
| Third offense | 60 days to 1 year | $600 to $1,500 | 48 to 120 hours |
| Fourth or later offense | Class 4 felony | ||
Every conviction also requires an alcohol and drug evaluation, education or treatment classes, probation in most cases, and court costs and surcharges. A prior DUI, DWAI, or drug-related DUI counts the same toward repeat-offense penalties. See our DUI page for more detail on sentencing.
Your License in a DUID Case
License consequences in drug cases differ from alcohol cases:
- No per se revocation for drugs. The DMV's administrative revocation for a BAC of 0.08 or more does not apply to drug results. A driver who took a blood test that showed only drugs does not face the per se revocation.
- Refusal still matters. Refusing a blood test when required under the Express Consent law brings a revocation of at least one year, regardless of whether drugs were involved.
- Alcohol and drugs together. If the blood or breath test also showed a BAC of 0.08 or more, the alcohol revocation applies.
- Revocation after conviction. Even without an administrative revocation, a DUI or DWAI conviction leads to a license revocation by the DMV under C.R.S. 42-2-125, generally 9 months for drivers 21 and older, and at least one year for some drug-related convictions. A conviction also adds points to your record.
Because the license rules depend on the specific test and result, confirm right away whether a DMV hearing deadline applies to you.
How DUID Charges Are Defended
No lawyer can promise a particular result, but DUID cases often have more room for a defense than alcohol cases. These are the issues that come up most often.
Presence Is Not Impairment
The presence of a drug in the blood does not prove impairment. Testimony from a toxicologist about tolerance, timing, and the pharmacology of the drug can show that a result is consistent with no impairment at all.
Challenging the Drug Recognition Evaluation
The evaluation depends on observations that can be explained by fatigue, anxiety, medical conditions, injuries, or weather. Evaluators sometimes skip steps or reach conclusions that the blood test does not support.
Timing of the Blood Draw
THC levels drop quickly, and other drugs rise and fall at different rates. A delay between driving and the blood draw can make the result unreliable as evidence of impairment at the time of driving.
Lab and Chain of Custody Issues
Blood must be collected, stored, and tested properly. Errors in labeling, storage, or lab procedures can undermine the result.
The Stop and Arrest
If the officer lacked reasonable suspicion for the stop or probable cause for the arrest, evidence from the encounter can be suppressed.
Video Evidence
Body camera and dash camera video often show steady driving, clear speech, and normal coordination that the written report describes differently.
Reduction to DWAI or a Non-Alcohol Offense
Many DUID cases are resolved through a plea to DWAI or a reduced traffic charge, which carries lower penalties and fewer points.
Consequences Beyond the Sentence
- Commercial drivers. A drug-related DUI conviction can disqualify a commercial driver's license, even if the offense happened in a personal vehicle.
- Professional licenses. Nurses, pilots, and others in safety-sensitive jobs may have reporting obligations.
- Military members. Service members at Fort Carson, Peterson and Schriever Space Force Bases, and the Air Force Academy can face command action and loss of base driving privileges.
- Immigration. Some drug-related convictions can affect immigration status. Non-citizens should get advice before entering any plea.
- Insurance. A DUI conviction typically requires SR-22 insurance and raises premiums.
- Your record. DUI and DWAI convictions are excluded from regular sealing in Colorado, with only a narrow exception, though a dismissed case usually can be sealed. See our record sealing page.
Working With a Colorado Springs DUID Lawyer
Attorney Michael W. Moran has been licensed to practice law in Colorado since 1995 and is a former municipal court judge. He represents people charged with drug-related DUI and DWAI involving marijuana, prescription medications, and other substances in El Paso, Teller, Pueblo, and Fremont counties.
A first meeting covers the stop, what was taken and when, the testing and evaluation, any DMV deadline, and the realistic outcomes in your case.
Criminal Defense Colorado Springs, P.C. offers free, confidential consultations.
Frequently Asked Questions
What is the legal limit for marijuana while driving in Colorado?
There is no strict limit. A blood result of 5 nanograms or more of active THC per milliliter allows a jury to infer that the driver was under the influence, but that inference can be challenged, and a driver can be charged at lower levels if other evidence shows impairment.
Can I get a DUI for taking my prescription medication?
Yes, if the medication impaired your ability to drive. A valid prescription is not by itself a defense, but evidence that you took the medication as directed and were not impaired is often central to the defense.
Will my license be revoked for a DUID?
Not at the time of arrest, unless you refused testing or also had a BAC of 0.08 or more. The per se revocation applies to alcohol results, not drug results. A DUI or DWAI conviction, however, leads to a mandatory revocation, and refusing a required blood test leads to a revocation of at least one year.
Is a DUID penalized the same as an alcohol DUI?
Yes. The criminal penalties for a drug-related DUI or DWAI are the same as for alcohol, and prior offenses of either type count toward repeat-offense penalties.
Can I refuse a blood test for drugs in Colorado?
You can refuse, but refusal under the Express Consent law leads to a license revocation of at least one year and can be used as evidence in court.
What is a drug recognition evaluation?
It is a 12-step evaluation by a specially trained officer that includes eye exams, vital signs, and coordination tests, followed by an opinion about which category of drug caused impairment. It is opinion evidence and is often challenged.
Can I be charged with DUID if I used marijuana the day before?
You can be charged if the prosecution believes you were impaired while driving. Active THC usually falls quickly after use, but frequent users can test above 5 nanograms long after the effects wear off. Those facts are central to the defense.
Does a medical marijuana card protect me from a DUID charge?
No. Medical marijuana patients are subject to the same impaired driving laws as everyone else, although the circumstances of their use and tolerance can be important to the defense.
How long after taking a prescription is it safe to drive?
That depends on the medication, the dose, and the person. Labels and pharmacists provide guidance, and following them closely is important both for safety and for any later defense.
Can a DUID charge be reduced to reckless driving?
Sometimes. When the evidence of impairment is weak, a DUID charge may be reduced to DWAI, reckless driving, or careless driving, which carry lower penalties.
Sources
get help now
Request a free consultation