THC DWAI Defense Colorado

What is DWAI in Colorado?

Driving While Ability Impaired (DWAI) occurs when a person operates a motor vehicle while their ability to drive is impaired by alcohol or drugs. The offense is defined under Colorado Revised Statutes (C.R.S.) 42-4-1301(1)(g).

Colorado jury instructions define DWAI as driving while a person is impaired to the slightest degree by alcohol or drugs. This language can be dangerous for defendants. Unlike DUI, which requires proof that a driver was substantially incapable of safely operating a vehicle, DWAI requires only a minimal level of impairment.

A common police tactic during DUI investigations is asking drivers to rate their level of impairment. Officers often ask a driver to rate themselves on a scale from 1 to 10, where 1 represents completely sober and 10 represents the most intoxicated a person has ever been. A driver who admits to consuming alcohol or marijuana will often place themselves somewhere above a 1.

In many cases, that statement alone can become important evidence at trial. Jurors who later speak with defense attorneys often say that admitting to any level of impairment—even a small amount—made it easier for them to find a defendant guilty of DWAI.

Jurors frequently acknowledge that having a drink with dinner is common and socially acceptable. However, once a driver admits to feeling even slightly impaired, jurors may view that admission as proof the legal standard has been met.

DWAI cases are therefore challenging because the legal threshold is extremely low. Public safety campaigns frequently emphasize that “buzzed driving is drunk driving.” As a result, jurors may begin a trial with strong opinions about impaired driving and may give significant weight to an officer’s testimony that a driver appeared impaired.

Successfully defending these cases often requires a skilled DUI defense attorney who understands how jurors evaluate impairment evidence and how to challenge the assumptions commonly made in DUI prosecutions.

How Marijuana and THC Affect DWAI Charges in Colorado?

Marijuana-related DUI and THC DWAI cases in Colorado often present unique challenges because the science behind marijuana impairment is very different from alcohol impairment..  Alcohol-related DUI cases rely heavily on blood alcohol concentration (BAC). Colorado law establishes specific legal limits for alcohol impairment.

A driver can be convicted of DUI with a BAC of 0.08 or higher, while a BAC of 0.05 or higher can support a DWAI conviction.

Marijuana-related cases are different. Colorado law provides only one numerical limit for THC. A driver may be charged with DUI if a blood test shows 5 nanograms or more of active THC per milliliter of blood.

THC testing typically involves a blood draw conducted by law enforcement. The sample is analyzed to determine whether cannabinoids are present in the bloodstream. Additional testing may attempt to distinguish between active THC and inactive metabolites that remain in the body long after impairment has ended.

The 5-nanogram threshold is controversial because THC behaves very differently from alcohol in the human body. Many marijuana products contain far higher amounts of THC. For example, a typical edible product often contains 10 milligrams of THC, and smoking marijuana can introduce THC into the bloodstream rapidly through lung absorption.

Unlike alcohol cases, there is no lower legal limit for DWAI involving marijuana. A prosecutor may pursue DWAI charges even if the THC level is below 5 nanograms, or when the presence of THC is the only chemical evidence available.

These cases often require expert testimony. Toxicologists may be called to explain to jurors the scientific differences between alcohol impairment and THC impairment. The effects of marijuana can vary widely between individuals, and THC levels in the blood do not always correlate with a person’s ability to safely operate a vehicle.

Because of these complexities, working with an experienced DUI defense attorney is critical when facing marijuana-related DUI or DWAI charges.

Penalties for THC DWAIS in Colorado

A conviction for DUI or DWAI can carry serious penalties under Colorado law.

A first DUI offense carries a potential sentence of up to one year in jail, while a first DWAI offense can be punished by up to six months in jail. Although the statutory maximum penalties are significant, first-time offenses are often resolved through probation rather than lengthy jail sentences.

Courts commonly impose probation, which may include requirements such as:

• Alcohol or drug education classes

• Substance abuse treatment

• Monitored sobriety

• Community service

• Fines and court costs

Repeat offenses carry increasingly severe penalties.

A second DUI or DWAI offense requires a mandatory minimum jail sentence of 10 days. A third DUI offense carries a mandatory minimum sentence of 60 days in jail. Courts have discretion to impose longer sentences depending on the circumstances of the case.

In some situations, a portion of the jail sentence may be served through in-home detention, but that decision ultimately rests with the court.

A fourth DUI or DWAI conviction is treated as a felony offense in Colorado. At that point, potential penalties increase dramatically and may involve years of incarceration rather than days or months.

Understanding the possible consequences of a DUI or DWAI charge is critical. An experienced defense attorney can help evaluate the evidence, identify possible defenses, and explain the penalties that may apply in your specific case.

For a more detailed explanation of possible jail sentences, probation requirements, and fines, visit our DUI sentencing and penalties page.

THC DWAI Defense FAQ

Is there a legal limit for marijuana DWAI in Colorado?

Unlike alcohol DUI cases, Colorado law does not establish a lower legal limit for marijuana impairment in DWAI cases. Prosecutors may pursue charges if there is evidence a driver was impaired even slightly.

Can you be charged with DUI for marijuana in Colorado?

Yes. A driver may face DUI charges if they have 5 nanograms or more of active THC in their blood, or if the prosecution can prove the driver was substantially incapable of safely operating a vehicle.

In the legal world, these types of charges are often referred to as driving under the influence of drugs.  Though, it is charged under the same Colorado statute used for alcohol related offenses.

Speak with a DUI Defense Attorney Today.

DWAI charge can have lasting consequences. Even though the legal standard may appear straightforward, these cases often involve complex scientific evidence, police investigation tactics, and legal issues surrounding impairment.

The Lawrence Law Firm regularly represents clients facing DUI and DWAI charges throughout the Denver metropolitan area, including Arapahoe County, Adams County, Denver County, and Jefferson County.

Our firm offers free consultations and flexible payment options. We are committed to providing aggressive and strategic representation to clients facing impaired driving charges.

If you or a loved one has been charged with DUI or DWAI in Colorado, contact our office today to request a consultation and learn how we can help protect your rights.