Denver Marijuana DUI Lawyer
Colorado legalized recreational marijuana, but that legalization did not decriminalize driving under its influence. Law enforcement across the Denver metro actively looks for drug-impaired drivers, and marijuana is at the top of the list. A marijuana DUI charge carries the same criminal penalties as an alcohol-based DUI, the same DMV consequences for your license, and the same long-term record implications. What makes these cases different, and often harder to fight without the right representation, is the science. At DeChant Law, Reid approaches Denver marijuana DUI cases with an understanding of both the law and the genuine weaknesses built into how these charges are investigated and proven.
Why THC and Impairment Are Not the Same Thing
Colorado law sets a permissible inference of impairment at 5 nanograms of THC per milliliter of blood. This is not an absolute legal limit the way 0.08% BAC is for alcohol. It is a threshold that allows a jury to infer impairment, but that inference can be rebutted. This distinction matters enormously in how marijuana DUI cases are actually tried.
Unlike alcohol, THC does not metabolize in a predictable, time-sensitive way. Regular cannabis users frequently carry elevated THC blood levels even when they are not actively impaired. A daily user may test well above 5 nanograms hours after their last use, during a period when they are driving completely fine. At the same time, an occasional user might be genuinely impaired at a lower blood level. The blood test result alone does not answer the question of impairment. Prosecutors know this, and so does Reid. Any defense of a marijuana DUI charge has to directly confront the blood evidence rather than ignore it, and that starts with understanding when and how the blood was drawn, who analyzed it, and what the chain of custody looked like.
How Denver Police Investigate Suspected Marijuana Impairment
When a Denver officer pulls someone over and suspects marijuana use, the investigation typically follows a pattern. Standard field sobriety tests, which were designed and validated for alcohol impairment, are administered first. These tests, the walk and turn, the one leg stand, horizontal gaze nystagmus, have well-documented limitations when applied to marijuana. THC does not cause the same nystagmus effect alcohol produces, so officers often rely more heavily on the other portions of the test battery, where subjective scoring is the norm.
If the officer believes impairment is present, a Drug Recognition Expert, or DRE, may be called to the scene. DREs conduct a 12-step protocol designed to categorize the type of drug affecting the driver. The DRE protocol has been challenged in courts around the country. Its scientific reliability is contested, and the conclusions a DRE reaches are based heavily on trained observation rather than hard measurement. Whether that opinion is admissible and how much weight it carries with a jury are questions a defense attorney has to be prepared to address. Reid’s background as a public defender and his trial experience put him in a position to evaluate and challenge these protocols directly, not simply accept them as settled science.
Colorado’s express consent law applies to drug DUI cases. Drivers who are lawfully arrested for DUI are required to submit to a blood test. Refusing has consequences: automatic license revocation and the refusal itself can be introduced against you at trial. If you submitted to a blood draw, the questions shift to how that draw was conducted, the time between your stop and the draw, and the qualifications of the person who performed it.
The Stakes of a Marijuana DUI Conviction in Colorado
A first marijuana DUI conviction in Colorado carries penalties that include up to a year in jail, fines between $600 and $1,000, a nine-month license suspension, up to 96 hours of community service, and mandatory alcohol and drug education classes. These are the same penalties that apply to an alcohol DUI. The criminal record consequences follow the same path as well. A DUI conviction can affect employment, professional licenses, housing applications, and in some situations, immigration status.
There is no automatic distinction in Colorado law between someone charged with alcohol impairment and someone charged with marijuana impairment when it comes to sentencing. Both are DUI under the same statute. That means everything the charge puts at risk, your license, your record, your employment, is just as real in a marijuana case as in any other impaired driving prosecution. The difference is that the scientific evidence in marijuana cases is more contested, which creates real opportunities on the defense side that are not always available in alcohol DUI cases.
For anyone who holds a commercial driver’s license, a professional license in medicine or nursing, or who is not a United States citizen, the consequences extend beyond the standard criminal penalties. Reid has worked on DUI cases involving CDL holders and professional license holders and understands the secondary proceedings those cases can trigger.
Questions About Marijuana DUI in Denver
Can I be charged with marijuana DUI even if I only used cannabis legally?
Yes. Legal recreational use does not affect whether you can be charged with driving under the influence. The legality of the marijuana itself is irrelevant to the DUI charge. What matters under Colorado law is whether you were impaired while operating a vehicle, not whether the substance was legal for you to consume.
Does a blood test result above 5 nanograms automatically mean I will be convicted?
No. Colorado’s 5-nanogram threshold creates a permissible inference of impairment that can be challenged at trial. Regular cannabis users may maintain elevated THC levels without being impaired, and the defense can present evidence and expert testimony to contest the inference. The blood test result is evidence, not a verdict.
What if I refused the blood test after my arrest?
Refusing a chemical test after a lawful arrest triggers an automatic license revocation under Colorado’s express consent law. The refusal itself can also be used as evidence against you at trial. This does not mean your case cannot be defended, but it changes both the criminal and the DMV side of your situation.
How is a marijuana DUI different from an alcohol DUI in terms of defense strategy?
The scientific questions are different. Alcohol impairment follows a relatively predictable metabolic pattern, and field sobriety tests were validated primarily for alcohol. THC behaves differently in the body, the tests are less reliable indicators, and DRE opinions involve significant subjectivity. These differences create distinct avenues to challenge the government’s case that do not always exist in alcohol DUI prosecutions.
Will a marijuana DUI affect my driver’s license separately from the criminal case?
Yes. Just as with an alcohol DUI, a marijuana DUI triggers a separate DMV express consent proceeding that can result in license revocation. The DMV case and the criminal case run on parallel tracks, and both have their own deadlines and procedures. DeChant Law has handled DMV express consent actions and has secured dismissals in those proceedings.
What if I was stopped at a checkpoint or on a specific road in Denver?
The legality of the stop is always relevant. Whether you were stopped on I-25, I-70, in the LoDo area after a Nuggets or Avalanche game at Ball Arena, or on Colfax Avenue late at night, the officer must have had a lawful basis to initiate contact. If the stop was improper, evidence obtained from it may be suppressible.
Can marijuana DUI charges be reduced or dismissed?
Yes, and it happens regularly when the defense identifies problems with the stop, the field sobriety evaluation, the DRE protocol, the blood draw, or the laboratory analysis. Case outcomes depend on the specific facts, but pursuing every viable avenue to challenge the government’s evidence is what this representation is built around.
Denver Marijuana Impaired Driving Defense
Reid DeChant has handled impaired driving cases across Denver, Adams County, Jefferson County, Broomfield, Arapahoe County, and Douglas County. His experience as a public defender gave him exposure to the full range of DUI cases, and his private practice has been focused on DUI and DWAI defense including drug-related impairment charges. At Trial Lawyers College, Reid developed the approach to storytelling and client advocacy that shapes how he handles every case, because the facts of how and why a stop happened, what the officer actually observed, and what the blood results actually mean for this specific person all have to be presented clearly and compellingly if you want a real result. If you are facing a marijuana DUI charge in the Denver area, contact DeChant Law to talk through what happened and what options actually exist for your case.