Driving under the influence of drugs (DUID) is a relatively-new criminal charge. It is considered separate from the driving under the influence (DUI) of alcohol charge, but has similar laws and penalties.
In Colorado, an individual can be arrested for being under the influence of any type of controlled substance, including those that are legal such as prescription medication and marijuana. It is vital to understand DUID laws – and your rights if you are arrested.
Law enforcement officers in Colorado are specially trained to detect physical signs of drug impairment. They also may use chemical testing for drugged driving if the police officer feels they have reasonable grounds to do so. Results of both can be used as evidence in your case. If you refuse to take a breath, blood or urine test, it can be used against you in court.
Colorado has an established impairment rule for marijuana, which is five nanograms of active tetrahydrocannabinol (THC) in the bloodstream. Law enforcement officers can still arrest you, however, if your THC is low but they still suspect impairment.
As with a DUI, the validity of test results, as well as the circumstances of your arrest, can be argued in court. This is particularly true for marijuana testing, as THC can stay in your blood long after its effects wear off.
Remember that you are innocent until proven guilty of criminal charges. It is in your best interests to hire an experienced attorney to advocate on your behalf for both criminal charges and administrative matters concerning you license.