Fort Collins, CO asked in DUI / DWI for Colorado

Q: How do they measure for intoxication of weed?

Related Topics:
2 Lawyer Answers
Mr.  H. Michael Steinberg
Mr. H. Michael Steinberg
PREMIUM
Answered
  • DUI & DWI Lawyer
  • Greenwood Village, CO
  • Licensed in Colorado

A: The police use a blood test - under Colorado law - the result is in nanograms - 5 nanograms is the bottom number before you can be prosecuted for DUID Driving under the influence of drugs. Here is a link that will help . https://www.denverpost.com/2017/08/25/marijuana-impairment-testing/

John Kenneth Joyner
John Kenneth Joyner
PREMIUM
Answered
  • DUI & DWI Lawyer
  • Colorado Springs, CO
  • Licensed in Colorado

A: Typically if an officer suspects that you are impaired by drugs, including marijuana, they will only give you the option of taking a blood test after you are arrested instead of offering a blood OR breath test.

Before you are officially arrested, the officer will also try to run you through roadside sobriety tests, which you can refuse. Many law enforcement agencies have what they call "Drug Recognition Experts" who will run you through roadside sobriety tests purportedly designed to detect impairment by drugs. These tests typically do nothing for you except help the police build probable cause to arrest you, and they are completely voluntary, so typically I tell people not to do them.

In Colorado, if they arrest you, they can require you to take a blood or breath test. If you refuse the blood or breath test after you are arrested, then they will mark you as a refusal, which carries worse DMV consequences, including immediate revocation of your license.

If you are pulled over and arrested for DUI, make sure you request a DMV hearing within 7 days of your arrest to contest your revocation, and make sure you ask for the officer to be present for the hearing.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.