W
hat You Should Know About DUID – Marijuana Testing
Colorado law holds that any driver with five nanograms or more of THC in the blood is deemed to be DUID. However, the amount of THC in your blood is not the determining factor in DUID citations. If the law enforcement officer has sufficient cause to believe that your ability to drive is impaired by the drug, you can be arrested or you can receive a citation even if the drug level in your blood is less than five nanograms.
According to a recent Denver Post article, one in 8 impaired driving citations issued in 2014 involved the possible use of marijuana, proving how prevalent the problem currently is. Combine these statistics with the ongoing debate about how marijuana legalization will affect Colorado and you can see why law enforcement officers may be taking a very strong approach to you if they suspect you are driving under the influence of marijuana.

What kind of testing will you encounter?

There is no Breathalyzer test for testing the level of marijuana in your blood. To evaluate whether or not you are driving under the influence of marijuana, the police officer may resort to physical tests, such as making you stand on one leg or walk in a straight line. You may choose not to submit to these tests. Colorado Springs law enforcement has trained Drug Recognition Experts who carry out specific tests to determine if a driver is DUID. If the officer does believe you are ‘under the influence’, you may be asked to submit to a blood test.

The 5 nanogram limit

According to prevailing law, the blood test should indicate that the concentration of THC in your blood is at least 5 nanograms before you can be booked for DUID- marijuana. However, individuals who take marijuana for medical purposes and under prescription typically have a higher concentration than this. In fact, regular marijuana users have higher drug concentrations in the blood than non-habitual users irrespective of whether or not they have been smoking the drug before driving.

If you have been booked for DUID marijuana, our expert Colorado Spring DUID attorney will make use of these arguments to mitigate the penalties you may face.

Talk to us as soon as you have been arrested for DUID marijuana to learn how Kris Miller law can safeguard your rights.

For Additional Information

For additional information on Driving Under the Influence of Drugs – Marijuana, please visit: http://norml.org/legal/item/colorado-drugged-driving

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