A bill  involving driving under the influence of marijuana and other drugs was recently introduced in the Colorado Senate by Senator Steve King, a Mesa County Republican.  The bill, SB 12-117,  expands the existing definition of “DUI per se” to include driving when the driver’s blood, or saliva contains any amount of a schedule I controlled substance, except for THC (tetrahydrocannabinols) ; salvia divinorum; or synthetic cannabinoids, and driving when the defendant’s blood contains 5 nanograms or more of THC.

The bill states that in any prosecution for  driving under the influence (DUI), driving while ability impaired (DWAI), vehicular assault, or vehicular homicide, there is a permissible inference that the defendant was under the influence of drugs,  if at the time of the commission of the alleged offense, or within two hours thereafter, the defendant’s blood, or saliva contains any amount of a schedule I controlled substance, except for THC; a schedule II controlled substance; salvia divinorum; or synthetic cannabinoids, or the defendant’s blood contains 5 nanograms or more of THC.

The bill also creates a “zero” tolerance if the defendant’s blood, or saliva contains any amount of:

  • a schedule I controlled substance, except for THC;
  • a schedule II controlled substance;
  • salvia divinorum;  or
  • synthetic cannabinoids.

The bill passed the Senate State, Veterans and Military Affairs Committee on a 4-1 vote.  It was referred to the Senate Appropriations Committee for consideration because it carries a fiscal note of approx $600,000.

Driving Under the Influence of Drugs is a complicated and changing area of the law.  If you have been charged with DUI, you should consult with an experienced Colorado Springs DUI lawyer to review your case. Call us at 719-578-1183 for a free initial consultation.