On May 7, 2013, the Colorado Legislature passed and the governor has signed the following law on Marijuana and DUI. This law is not based on science, but a compromise with legislators that HATE marijuana and its users, be they medicinal or recreational. This is not about safety, it is about abolition.
In DUI-C (DUI-THC, DUI-MJ) cases, it is very important to refuse Standardized Field Sobriety Tests (SFSTs) or Voluntary Roadside Maneuvers (VRM). These are voluntary. They are not recorded on video (so officers can testi-lie). They are not valid to test driving ability. Most sober people will fail them. There is no consequence in Colorado for refusing them.
The summary of House Bill 13-1325 states: In any DUI-C (DUI-THC, DUI-MJ) prosecution, if at the time of driving or within a reasonable time thereafter, the driver's blood contains 5 nanograms or more of delta 9-tetrahydrocannabinol (marijuana) per milliliter in whole blood, as shown by analysis of the defendant's blood, such fact gives rise to a permissible inference that the defendant was under the influence of one or more drugs.
Full text of the bill is here
To repeat, this language does not impose a per se standard but instead states that the presence of THC (marijuana) in blood above 5ng/ml “gives rise to a permissible inference that the defendant was under the influence of one or more drugs” -- a claim that even the National Highway Traffic Safety Administration (NHTSA) says is incorrect.
“It is difficult to establish a relationship between a person's THC (marijuana) blood or plasma concentration and performance impairing effects. … It is inadvisable to try and predict effects based on blood THC concentrations alone.”
Contact a Colorado criminal defense lawyer representing clients in Erie, CO today to schedule your initial consultation.
DUI-C (DUI-THC, DUI-MJ) cases can be won. There is plenty of science to support innocence. I have read it all and am ready to present it in your case. I have done it before.
If arrested for Marijuana DUI, also known as DUI-THC, DUI-D or DUI-Cannabis, you need a lawyer. Call me for help. I practice all over Colorado including Boulder, Longmont, Broomfield, Golden, Jefferson County, Adams County, Denver, Larimer, Ft. Collins, Loveland, Greeley, Weld.
If you would like to schedule an initial consultation, contact a Colorado criminal defense attorney for issues regarding with your misdemeanor or felony. We represent clients in Erie, Colorado and surrounding area. The Savela Law Firm, P.C. Give us a call at (720) 260-7392 or complete our inquiry form.