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Basics of a Marijuana-Related DUI and DWAI in Colorado

Whether you have been charged with a DUI, DUID, or DWAI, you have the right to obtain a lawyer. At Liberty Law Center, we are devoted to defending you in court to ensure your rights are protected.

November 15, 2022

In Colorado, you can be charged for driving under the influence of marijuana. Although the consumption of marijuana is legal, operating a vehicle while impaired by marijuana is not. Marijuana-related DUI and DWAI convictions in Colorado can result in substantial penalties, including jail time and hefty fines.

What is a DUI-D?

DUI-D is an acronym for driving under the influence of drugs. According to Colorado laws, drivers with more than five nanograms of delta-9-tetrahydrocannabinol (THC) per milliliter of blood can be charged with DUI-D.

Law enforcement authorities have not found a practical and accurate way to test for marijuana by the roadside. Presently, the only way to test for the concentration of THC is through a blood test administered at a police station or hospital. Additionally, a prosecutor must prove you were too high to dive safely if the THC testing is inconclusive. For this reason, hiring a Colorado DUI attorney to defend you in court is advisable.

Evidence to prove that you were too impaired to drive safely may include the following:

  • Driving too slow or too fast
  • Winding in and out of the road
  • You appeared stoned
  • Violating traffic laws.

The first DUI-D offense in Colorado is often a misdemeanor, but you may have a mandatory license suspension.

What are the Differences between DUI-D, DWAI, and DUI?

DUI-D, DWAI, and DUI are legal acronyms for drugged driving offenses. However, there are distinct differences between these offenses. DUI stands for driving under the influence of alcohol or drugs.

The prosecutor must prove that you were physically and mentally incapable of operating a vehicle. If you get a first-time conviction, you may serve up to one year in jail, pay a $1000 fine, lose your license for nine months, and do mandatory drug and alcohol classes. While DUI does not distinguish between alcohol and drugs, DUI-D refers to driving under the influence of drugs such as marijuana.

On the other hand, DWAI stands for driving while ability impaired. The offense is less severe than a DUID or a DUI. To be proven guilty of DWAI, the prosecutor must prove that the drugs or alcohol affected your physical or mental abilities to drive safely.

DWAI-D, or driving while impaired by drugs, refers to a DWAI offense involving drugs. If you are convicted of a DWAI-D offense for the first time, you can face a fine of $500 and up to 180 days in jail.

Contact Our Colorado DUI-D Lawyers to Help Your Case

DUI, DUID, or DWAI charges remain on your driving or criminal record forever. Whether you have been charged with a DUI, DUID, or DWAI, you have the right to obtain a lawyer. At Liberty Law Center, we are devoted to defending you in court to ensure your rights are protected.

Contact us today for a case review with one of our Colorado DUI-D lawyers.

Practice Area:   
DUI

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