Can I Be Charged with DUI if I Smoked Marijuana?

Can I Be Charged with DUI if I Smoked Marijuana?

If you were arrested for DUI, you may be wondering whether or not charges can be filed against you if you do not have a BAC level of 0.08 or above, and all you have done is smoke marijuana. Driving under the influence of either drugs or alcohol is illegal in the state of Colorado. It does not matter whether the drugs in question are doctor prescribed, over-the-counter medication, recreational or illegal. If your driving ability has been impaired, then you can be charged with DUI. This is true even with the state's new marijuana laws in place.

The new laws allow individuals 21 years of age or older to have up to 1 ounce of marijuana in their possession for their own personal use, without fear of penalty. Marijuana can be shared with friends only if no money is exchanged between them. Individuals can also have up to six marijuana plants growing in their home providing they are properly enclosed and secured to prevent others from gaining access. When it comes to smoking marijuana and getting behind the wheel of a motor vehicle, the laws are similar to those imposed for drunk driving. With drunk driving, a blood alcohol concentration (BAC) of 0.08 or more will warrant DUI charges.

In the case of marijuana use, the law clearly states that if a driver is found to have 5ng/ml or more of active THC in his or her blood at the time of arrest, DUI charges can be filed. Attorneys Cessna is an experienced attorney who has dedicated his practice to DUI defense. He is a former DUI police officer trained by the DEA in Advanced Narcotics Investigations and is the state's only defense attorney who has obtained certification as a NHTSA instructor in the administration of standardized field sobriety tests. His knowledge and expertise in the field has helped countless individuals retain their freedom and avoid serious DUI charges and penalties.

If you need help fighting DUI charges after smoking marijuana, speak with a Denver DUI attorney at the Law Office of Christopher H. Cessna today.