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At the Law Office of Jacob Martinez, our Denver criminal defense attorneys understand that, despite legal cannabis in Colorado, marijuana DUI arrests are increasing. With over 17% of state police DUI arrests involving cannabis use, defending marijuana impairment cases demands careful legal strategy.

Colorado treats cannabis DUI as seriously as alcohol DUI, with strict legal limits and harsh penalties. We have secured numerous dismissals and not-guilty verdicts by thoroughly challenging the evidence and protecting clients’ rights. If you face marijuana DUI charges in Denver, our experienced team is ready to provide aggressive defense and guidance every step of the way.

Understanding Colorado Cannabis DUI Laws and THC Limits

Colorado law imposes criminal charges for driving under the influence of marijuana, including DUI for substantial impairment and DWAI for impairment to the slightest degree. Legal THC limits define a “permissible inference” of impairment at five nanograms of active Delta-9 THC per milliliter of blood.

However, arrest and prosecution can occur regardless of THC levels based on signs of impairment. Medical marijuana patients receive no immunity. Drivers must also comply with Colorado’s open container laws prohibiting open cannabis containers in vehicles.

How Law Enforcement Detects Marijuana Impairment in Denver

Police establish probable cause mainly through driving behaviors and traffic violations before DUI investigations. Field sobriety tests (FSTs) are voluntary and less reliable for cannabis than alcohol impairment. Drug Recognition Experts (DREs), trained in 12-step evaluations, enhance impairment detection efforts.

Unlike alcohol, THC cannot be detected through breathalyzers, making blood tests mandatory. Immediate blood testing within 24 hours of arrest is valuable evidence. Refusing tests can trigger administrative penalties, including license suspension.

How We Defend Against Marijuana DUI Charges

Our Denver criminal defense attorneys challenge every phase of the prosecution’s case, including:

• The legality of traffic stops, and whether valid probable cause existed
• Reliability and voluntary nature of field sobriety tests under varying conditions
• Strict adherence to Drug Recognition Expert protocols
• Proper blood test collection, handling, and chain of custody
• Distinguishing active THC impairment from inactive metabolites in blood
• Medical issues that may mimic impairment signs
• Any constitutional rights violations during arrest and testing

Our deep local knowledge of Denver courts and prosecutors adds key advantages in building strong defenses and securing dismissals or acquittals.

Penalties for Cannabis DUI Convictions in Colorado

Colorado enforces some of the country’s strictest penalties for cannabis DUI. Our Denver criminal defense attorneys want drivers to understand what they may face if convicted. Even first offenses can affect every part of your life, and repeat convictions lead to much harsher punishments.

• Fines for First Offense: $600 to $1,000 for a first marijuana DUI conviction.
• Jail Time for First Offense: Five days to one year in county jail.
• License Suspension: Up to nine months’ suspension of your Colorado driver’s license after a first conviction.
• Community Service: Mandatory completion of 48 to 96 hours of community service for first-time offenders.
• Points on Driving Record: Twelve points added to your driver’s record, resulting in automatic license suspension.
• Repeat Offense Penalties: Second, third, and subsequent offenses carry increased jail time (10 days up to six years), higher fines (up to $500,000), and longer license suspensions (one to five years).
• Felony DUI for Fourth Offense: Felony DUI conviction can result in two to six years in state prison, $2,000 to $500,000 in fines, and mandatory parole.
• Ignition Interlock Requirement: Repeat DUI convictions require installation of an ignition interlock device for up to two years post-reinstatement.
• Administrative License Suspension: Civil license revocation or suspension is enforced regardless of the outcome in criminal court.

Contact our Denver marijuana DUI lawyers and attorneys for immediate help if facing these penalties.

What to Do If Stopped for Suspected Marijuana DUI in Denver

Field sobriety tests remain voluntary in Colorado with no penalties for refusal. At a stop, politely decline field sobriety tests and immediately request legal counsel. The Law Office of Jacob Martinez urges prompt contact following any marijuana DUI arrest. Delays in defense preparation often reduce chances of favorable results. Our Denver cannabis DUI attorneys are ready to protect your rights and build an aggressive defense from day one.

Start Your Defense With Denver’s Trusted Cannabis DUI Attorneys

The Law Office of Jacob Martinez provides highly experienced Denver criminal defense lawyers dedicated to defending clients against marijuana DUI charges. We know the stakes involved and fight vigorously to protect your future, freedom, and reputation. Colorado’s cannabis DUI laws are strict, but with the right legal team, dismissals and not-guilty verdicts are within reach.

If you face accusations of driving under the influence of marijuana, reach out to us immediately at 720.246.6700. Our compassionate and aggressive defense team is ready to protect your rights. Call or contact us online today to begin your defense.