Can I Face Per Se DWAI or DUI Charges for Drugs?
Under Colorado law, a driver can face criminal charges for driving while ability impaired (DWAI) or driving under the influence (DUI) if they have alcohol or drugs in their system that are affecting their ability to drive a vehicle safely. When it comes to per se DWAI or DUI charges, such a thing does not precisely exist in relation to the amount of a substance in a person’s system. However, there is a “permissible inference” of being under the influence when a person has a specific amount of cannabis in their system.
Our Denver DUI defense lawyers routinely assist clients with driving under the influence of drugs (DUID) cases, and we can explain how this works in more detail. In addition, we can begin discussing defense strategies with you today if you are facing DWAI or DUI charges for cannabis or use of another substance.
Defining Impaired Driving and Driving Under the Influence
Under Colorado law, you can face charges for driving while ability impaired or DWAI if you have “consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drugs,” such that you are affected “to the slightest degree” so that you are “less able than [you] ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.”
You can face DUI charges, which is the more serious of the two offenses, if you have “consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs” such that you are affected “to a degree that [you are] substantially incapable, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.”
For either a DWAI or DUI charge, the prosecution does not need to have a person’s blood alcohol concentration (BAC) to prove impairment or intoxication. At the same time, however, a person can face what are known as “per se” charges based on their BAC alone, regardless of their driving behavior. A per se DWAI involves a BAC of at least 0.05 percent but less than 0.08 percent, while a DUI involves a BAC of 0.08 or higher.
Permissible Inference for a THC or Cannabis DUI
There is no official “per se” DUID charge. However, as we noted above, Colorado law recognizes a “permissible inference” that a driver is under the influence of Delta 9-tetrahydrocannabinol (Delta 9 THC), or a cannabis product, if the driver has “five nanograms or more per milliliter in the whole blood.” A permissible inference is not exactly a “per se” charge, but it allows for an assumption of impairment.
To be clear, given the definitions of DWAIs and DUIs cited above, a person can also face charges related to a DUID even if they have less THC in their blood. There is no “permissible inference” amount of any other drug in relation to DUID cases.
Contact a Denver DUI Defense Lawyer Today for Assistance with Your DUID Defense in Colorado
Are you facing charges for impaired driving or driving under the influence of cannabis or another substance? If so, it is essential to have an experienced Denver DUI defense lawyer at DeChant Law on your side. We can employ a range of strategies to contest the prosecution’s evidence against you, including data from any chemical testing that was completed at the time of your arrest. Contact our firm today to learn more about the defense services we provide to clients in drugged driving cases.
Sources:
law.justia.com/codes/colorado/title-42/regulation-of-vehicles-and-traffic/article-4/part-13/section-42-4-1307/
codot.gov/safety/impaired-driving/druggeddriving/faqs
