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Marijuana & Driving

Defense Lawyers for Marijuana While Driving Offenses in Parker, CO

Helping Those Charged with a DUID in Dougals County, Castle Rock, and the Denver Metro Area

The legalization of recreational marijuana in Colorado, which took place in 2012, has complicated driving rules in the state. While marijuana consumption is legal, operating a vehicle while under the influence of marijuana is not, which leads to a complex situation that law enforcement and citizens must navigate.

According to a study in the Journal of the American Medical Association (JAMA), Colorado has seen increased traffic fatalities since recreational cannabis laws were passed. Furthermore, the Colorado Department of Transportation has warned that the chances of a traffic accident are doubled when driving under the influence of THC, the main psychoactive component of marijuana. 

As a result, the penalties for marijuana-related driving under the influence of drugs (DUID) are serious and well-enforced. 

At Fuller & Ahern, P.C., our defense attorneys have substantial experience handling these cases, and we bring invaluable experience to clients arrested for these offenses throughout Colorado. With decades of criminal defense practice, including conducting numerous jury trials, and former prosecutors on board, we are uniquely situated to assist you and we will aggressively defend your rights and work to protect your freedom and future. 

Arrange for a free case assessment with a Parker attorney for driving under the influence of marijuana by calling (720) 712-2972 for an appointment.

  • “Very proactive and a great advocate”

    Very proactive and a great advocate. I would recommend him for anyone needing a competent attorney.

    - Edward B.
  • “We highly recommend this firm.”
    James Ahern and his staff were very knowledgeable and professional. James is a seasoned attorney who was able to look at our situation from all angles and was great in having us receive the best outcome.
    - Don C.
  • “Highly recommend!!!”
    I have worked with James Ahern and Brian Close on a few legal matters over the years. Both are extremely professional, problem solvers, and excellent communicator's and attorney's. Highly recommend!!!
    - Chris M.
  • “James displays professionalism and top notch communication”
    James Ahern is a highly competent attorney. James displays professionalism and top notch communication at all times. I highly recommend.
    - John L.
  • “A definite 5 stars!”

    James Ahearn assisted us with a matter and was superb. He was very thorough in his communications with us, kept us apprised of issues as they arose, and provide excellent legal representation. We would highly recommend James if you are looking for an attorney to assist you. A definite 5 stars!

    - Heather L.
  • “Working with James Ahern was the best decision I could have made”
    Working with James Ahern was the best decision I could have made. When wrongfully accused, James stayed diligent to ensure justice was found and didn't stop until it was. I would highly recommend anyone needing defense to call Fuller & Ahern!
    - David C.
  • “I will be returning to this firm should I find myself in need of representation again.”
    I absolutely would recommend Fuller & Ahern to anyone in need of legal representation. Working directly with James Ahern was a pleasure. He was honest, direct and willing to fight for what was right! I will be returning to this firm should I find myself in need of representation again.
    - Justin S.
  • “I am immensely grateful for their representation, and I would highly recommend them to anyone in need of an attorney.”

    I recently had the opportunity to work with Brian Close on an incident that could have been detrimental to my personal life and career. From the onset of our first contact, Brian demonstrated the highest level of professionalism. He approached my case with meticulous attention to detail. His knowledge of the law and his ability to render support were instrumental in a positive outcome.

    Brian had exceptional communication skills. He kept me informed at every stage of the process, answering emails within an hour every single time. His ability to communicate made a stressful situation much more manageable. His legal assistant was also an amazing communicator and was dedicated to ensuring the smoothest transactions possible.

    Brian struck the perfect balance between being assertive and respectful to all parties in this case. His representation of me was impeccable.

    I am immensely grateful for their representation, and I would highly recommend them to anyone in need of an attorney.

    - Timmothy D.

Legal Limit of THC

In terms of marijuana, Colorado law has established a legal limit for delta-9 tetrahydrocannabinol (THC) in the blood. If you have five nanograms of THC per milliliter in your blood while operating a vehicle, then it gives rise to a permissible inference that you are under the influence of marijuana.  It does not matter if you ingested marijuana recreationally or for medicinal purposes. 

However, no firm agreement exists within the scientific community on how a specific level of THC in your blood relates to impairment. Thus, law enforcement officers can arrest you based on observed impairment, not the level of THC in your system. 

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Colorado Penalties for Driving While Under the Influence of Marijuana

Driving under the influence of marijuana is charged as a misdemeanor. If you are convicted, you will face the same general penalties as those associated with driving under the influence of alcohol. You can be charged with a DUID based on having the THC limit or higher in your system or a DWAI based on being visibly impaired, as reported by law enforcement. 

Penalties can include:

  • First DUI or DUID Offense: Five days up to one year of jail time, fines of $600 up to $1,000, community service of 48 to 96 hours, probation of up to two years, and a license suspension of nine months; you may avoid jail time with drug assessment and education. 
  • First DWAI DWAID Offense: Two days up to 180 days of jail time, fines of $200 up to $500, up to two years of probation, 24 to 48 hours of community service, and potential avoidance of jail time with drug evaluation and education.

Each succeeding DUI or DWAI within five years will result in steeper penalties with fines reaching up to $1,500, a mandatory jail sentence, includingjail time of 60 days up to a year, two to four years of probation, and two years of a license suspension. 

A fourth DUI or DWAI is a Class 4 felony charge, punishable by two to six years in state prison and fines ranging from $2,000 to $500,000. 

Impact on Future Prospects

A marijuana DUI conviction can have far-reaching implications for your future. It can affect job prospects as employers may not hire individuals with a criminal record. Housing options may also be limited, as landlords often perform background checks. Future educational opportunities could be affected as some colleges and universities may not admit students with criminal histories. Additionally, a conviction may disqualify you from a professional license in your career of choice. 

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At Fuller & Ahern, P.C., we're always ready to take your calls! Give us a call or fill out the form below to contact one of our team members.

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