While it’s legal in Colorado to enjoy the pleasures of marijuana, there are still several legal restrictions on the matter.
Firstly, it is still unlawful to sell marijuana to anyone under the age of 21. It is illegal to transport marijuana purchased in Colorado over state lines. It is also illegal to drive under the influence of marijuana.
In Colorado, if you are pulled over for suspicious driving or are in an accident that you have caused, the police may have cause to test your blood for marijuana or alcohol. If they find your blood to be over the legal limit, which is 5 nanograms of delta-9 THC per milliliter of blood, you can be charged with DUI.
If someone else was seriously injured as a result of an accident, and you are found with more than 5 nanograms of delta-9 THC per milliliter of blood, then you can be charged with vehicular assault, which is a class 4 felony.
What if I Refuse a Blood Test?
The police can’t coerce you to give up your blood. However, they can charge you under the law as if the test came back positive.
Now, some clever folks may be wondering if the 5th Amendment protects them against “self-incrimination”. The answer is no. The 5th Amendment only protects against incriminating yourself in testimony. It does not apply to DNA tests, blood tests, hair samples, or fingerprints.
In other words, you can refuse a blood test but the police and very likely the judge will consider this evidence that you are, in fact, inebriated and are only withholding the evidence for the purpose of hiding that fact.
There is also the chance that the judge will consider this an affront to the execution of justice. They may decide to revoke your driver’s license as a result of your refusal.
Pot Stays in Your System for 30 Days! How Can They Know I Wasn’t Driving Sober?
When the legalization of marijuana was passed, the authorities developed a blood test to determine how much marijuana is in your system. It’s true that marijuana will remain in a hair sample or urine after 30 days. The blood test is designed to determine how much marijuana is in your system at the time the test is given.
Marijuana DUIs in Colorado
To be clear, Colorado treats marijuana the same way it does any intoxicant. Those who are caught driving under the influence are subject to the same penalties as an individual driving under the influence of alcohol.
That can include felony charges when an individual has been caught driving under the influence more than twice. It includes felony charges when an individual injures another person while intoxicated.
If you’ve been charged with DUI, you’ll need an attorney who will advocate on your behalf. The attorneys at the office of Miller Leonard, PC have significant experience with marijuana cases. You are facing serious charges. You need an attorney with experience. Give us a call at (720) 613-8783 or contact us online, and we can begin preparing your case right away.