The science and practice surrounding DUI laws are well-established for alcohol, yet cannabis is an entirely other matter. Our state of Colorado was among the first to embrace recreational marijuana at the beginning of 2014, establishing stores and supply lines in an industry that is still illegal per federal regulations. The complex regulations and high level of uncertainty surrounding the cannabis industry has led to increasing legal troubles for many Coloradans. If you or a loved one are dealing with a DUI arrest in Denver, it’s important to find professional representation to create the best outcome for your case. For years, the Law Office of Jill M. Jackson has focused on delivering fearless litigation services for each of our clients. Jill M. Jackson is experienced in personal injury claims, criminal defense cases, and DUI penalties. Our DUI lawyer is here and ready to protect your freedom and your future.
Facing DUI charges for driving under the influence of marijuana can be challenging. Today, we’ll continue to discuss a few of the most commonly asked questions around DUI arrests with cannabis violations.
Driving in Possession
Can I drive with marijuana products or paraphernalia in my car? Colorado law follows similar guidelines for both cannabis and alcohol. Marijuana products are allowed in the passenger area of your vehicle if they are sealed. Open container laws make it illegal to have any THC out of a sealed container. If you are pulled over and an officer finds evidence that marijuana was consumed in the vehicle (smells, residue, etc.), you may be assessed DUI penalties. Remember that it is illegal to ingest cannabis on any public road regardless of whether or not you are the driver.
How can police officers know if I am impaired by marijuana use? This answer is more subjective than anything else, as Colorado law enforcement relies on their training to detect impairment as the primary driver of any DUI arrest. Our state offers advanced roadside enforcement training to assist in creating consistency with marijuana stops. Many agencies also rely on a Drug Recognition Expert (DRE) which can arrive at the scene when called to offer detection services for a wide range of illicit substances.
Can I refuse a blood test when testing for THC impairment? Similarly to alcohol enforcement, you can choose not to cooperate with law enforcement in obtaining a blood sample for chemical analysis. Keep in mind that there are no charges that stem from the amount of THC found in a driver’s blood, meaning that you will not face a suspension based on your level of intoxication. Drivers who refuse the test will be treated as a refusal, which places you as a “high-risk driver” regardless of the outcome. Your license will also be suspended, with future control measures coming in later as administrative penalties, as opposed to criminal charges.
Child Abuse Charges
Will I face additional penalties if children are in the car at the time of my DUI arrest? In most cases, definitely. If you are assed DUI charges in connection to transporting a minor, you may face a list of criminal charges. Child abuse is one charge that is very common for drivers facing DUI penalties. If you are dealing with child abuse charges, it’s important to find an experienced DUI lawyer near you that can represent you through the case.
DUI charges in Colorado can be very complicated due to the lack of data and experience surrounding marijuana. If you are dealing with your own DUI arrest in Denver for pot-related charges, it’s important to find professional representation for your case. Jill M. Jackson is proud to serve as your dedicated DUI attorney, delivering passionate services to optimize your outcome. Contact us today learn more about our legal services.
DUI Arrest Denver: More FAQs for Marijuana DUI Arrests in Colorado
Facing DUI charges stemming from THC use can be complicated. If you are dealing with a DUI arrest, it’s important to seek out professional help to clear up the rules and regulations. Catch up on a few FAQs here concerning cannabis enforcement before contacting our DUI law firm for assistance today.