The state of Colorado’s penalties for driving under the influence of drugs (DUID) are no different from those for a DWAI or DUI. Under the law, a driver can be charged with a of DUID when he operates a motor vehicle while under the influence of drugs to the degree where his judgment is severely impaired and he can no longer safely control or operate his vehicle. The drugs involved in this type of case can be illegal or over-the-counter prescription drugs, both of which can cause impairment.
When a driver is suspected of DUID, he will be asked to submit a blood or urine test. Keep in mind, however, that a positive result does not automatically prove you were under the influence. Certain drugs can linger in your system for days or weeks prior to when you were driving. Unless drugs were found on you or in your car when you were arrested, it may hard for the prosecutor to prove you are guilty of DUID.
Evidence gathered by the prosecuting attorney in these cases typically include officer statements regarding your composure, demeanor, mistakes made while driving, statements you made and your roadside test performance. Your defense attorney will then look at whether the arresting officer was trained to recognize drug impairment in a person. Not all officers are. If the criminal defense attorney can establish that the arresting officer lacked the property training to recognize impairment, he may be able to discredit the officer’s testimony or ask that the officer be prohibited from testifying on matters requiring the expertise of a trained drug recognition professional.
If you are are pulled over under suspicion of a DUID, cooperate with the police officer. You are required by law to submit to a blood or urine test, but your refusal could be used against you in court. It’s better submit to the tests and let your Colorado criminal defense attorney deal with the legalities later on.