While we often think of DUI in the context of alcohol, the legalization of marijuana in Colorado has created a whole new category of Marijuana related DUI cases. This makes it more important than EVER to hire the right local attorney to represent you in a Marijuana DUI case.
DUI case law as it relates to marijuana is still very much in flux. While we have years of case history and legal precedent as it relates to alcohol-related driving impairment and most DUI attorneys have a great deal of experience litigating those cases, very few DUI attorneys have developed successful strategies for defending clients accused of marijuana-impaired driving.
Marijuana stays in the body much longer than alcohol, even though the level of impairment may be minimal or non-existent at the time of arrest. There is a great deal of disagreement between law enforcement agencies, medical professionals and DUI attorneys about the best ways to judge impairment levels when someone is suspected of DUI. And the disagreement carries over to how to correctly and appropriately measure impairment levels during an arrest to ensure the person suspected of impaired driving retains all their rights to a strong defense.
A regular user of marijuana builds up a tolerance to the effects of THC but may also exhibit less or zero impairment when they do use. Someone pulled over on suspicion of driving while impaired may show marijuana or THC in the bloodstream, yet they may not have consumed marijuana in days or weeks. How can a law enforcement officer effectively determine level of impairment when a blood test shows marijuana in the bloodstream, yet the subject displays no level of physical impairment during a roadside test?
Lawmakers in Nevada are considering legislation that would enforce measures beyond a blood test to prove impairment and the subject’s inability to safely operate a motor vehicle. It would require law enforcement to show proof of impairment in the form of roadside sobriety test and proof of erratic driving. Nevada is working on developing rules and structure for correctly assessing the level of impairment in a marijuana-impaired DUI case.
This legislation and legislation like it could have significant influence here in Colorado. Currently, drivers in Colorado have no such protection, making it all the more critical to hire an effective and professional DUI lawyer.
The attorneys of Maher & Maher Law are highly experienced Colorado DUI attorneys and have successfully defended marijuana-impaired driving cases. Our attorneys are highly professional and have successfully defended hundreds of DUI cases in Colorado. As former prosecutors, they have worked closely with law enforcement….know the language and protocols…..and work hard to deliver a successful outcome to all DUI cases. If you are pulled over for suspected marijuana-impaired driving, having the right legal team in your corner can help you avoid or minimize criminal penalties. Call Maher & Maher Law today for a free consultation. (719) -301-7500.