Driving under the influence of drugs is another way a person can be charged under Colorado’s DUI laws. There is no separate offense from driving under the influence of drugs (including marijuana), instead, prosecutors use the DUI or DWAI law when a person is under the influence of drugs or alcohol.
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In Colorado it is not only illegal drugs that can lead to a DUI or DWAI charge, marijuana, prescription drugs, and even over the counter cold and flu medications can lead to a DUI charge. The police officer only has to have probable cause that a person is under the influence of drugs such that they are either substantially incapable of safely operating the vehicle, in which case they can be charged with DUI, or that they are impaired to the slightest degree such that the driver is less capable of driving than they normally would be, in which case they can be charged with DWAI.
Once a police officer thinks a person has been operating a vehicle while they were under the influence of drugs they are likely to ask the driver to provide a chemical sample of their blood. If that sample shows reasonably high levels of controlled substances in the driver’s blood there is a chance of the driver being charged for DUI or DWAI.
If you would like to schedule an initial consultation, contact a Colorado criminal defense attorney, we represent clients in Golden, Colorado, and surrounding area. The Savela Law Firm, P.C. Give us a call at (720) 821-1001 or complete our inquiry form.
These charges can become battles between the scientific experts in court. The testimony of a toxicologist can be necessary for the prosecutor to try and prove their case. However, the toxicologist testifying for the state will often provide testimony that is scientifically flawed or they will leap to conclusions that aren’t fully supported by science. A toxicologist testifying for the state will often make assumptions or stretch their conclusions to make things seem certain, like the driver is guilty when in reality there is plenty of doubt as to whether or not the person was actually impaired, even to the slightest degree.
Denver DUI criminal defense attorneys Jason Savel and Ryan Dawson have significant experience defending driving under the influence of drugs charges at all stages of a criminal case. They also have a deep understanding of the scientific principles prosecutors rely on to obtain a conviction as well as the flaws in the usual testimony offered by the state’s toxicology witnesses. They can use this knowledge to get your case dismissed, charges or reduced, or win an acquittal at trial.
If you have been charged with driving under the influence (DUI) or driving while ability impaired (DWAI), an experienced Denver DUI attorney is essential. Get in touch with experienced Denver DUI defense attorney Jason Savela by calling (720) 821-1001.