DUID Requires a Skilled DUI Defense Attorney.
Colorado’s Driving under the influence statute includes driving under the influence of drugs. Drug-related driving offenses include driving while ability is impaired and vehicular assault. If you have been accused of driving under the influence of drugs, you are facing serious penalties. This is especially true if you have prior related offenses.
A defendant can receive high fines, jail time, loss of driving privileges, and more. If you are facing charges for DUI, DWAI, or a related offense, contact our DUID Lawyer at the Lawrence Law Firm.
We routinely represent defendant charges with DUID. Our Denver DUID attorney is in Aurora. We regularly represent clients in Arapahoe County, Douglas County, Adams County, Jefferson County, and the Denver Metro Area.
What is the definition of DUI in Colorado?
Driving under the influence is driving a motor vehicle when your ability to drive is substantial impaired. The impairment can be by drugs, alcohol, or a combination of both. Operating a motor vehicle includes actually driving or being in actual physical control of the vehicle.
Colorado law will presume you are substantially impaired if your blood alcohol content is greater than .08. Driving under the influence is an unclassified misdemeanor.
A DUID is handled the same way as an alcohol driving case. The Colorado Revised Statutes defines what is driving under the influence of drugs.
Police officers will charge a defendant with DUID if they are driving while impaired. Driving includes being in actual physical control of a car. Impaired means a person is substantial incapable of safely driving.
There is also a lesser included charge of DWAI. This offense is the operation of a motor vehicle while your ability to drive is impaired.
The impairment must be to the slightest degree of drugs or alcohol. The slightest degree language can be dangerous. The DUI laws have not defined what the legal limits are for individual drugs.
It is important for your DUID attorney to understand how individual drugs impact a person’s ability to drive. A drug can improve a defendant’s ability to operate a motor vehicle. Anti-depressants could focus a defendant and help them.
Other drugs are different. Ambien is a drug designed to put people to sleep. Any amount of ambient is too much Ambien.
In some cases, it may be necessary to hire a toxicologist. A toxicologist is an expert in drugs and their effects. This type of expert will permit you to understand the science surrounding your case. Most DUI Defense lawyers work closely with these experts.
A good DUID Defense Attorney will look into the drug you took to determine its impact. To learn more about the charge, please see Colorado’s DUI Statute.
Charged with a Crime?
How is DUID different from alcohol related offenses?
Alcohol is easy for most people to understand. It is a common substance that has been used by most people in Colorado. Drugs are different. Drugs can come in two forms, legal and illegal.
Legal drugs would include prescription and over the counter medication. Marijuana, for example, is a legal drug that can impair a defendant’s ability to drive. Colorado law has set the limit for driving under the influence of marijuana at 5 nanograms. This is a very low level.
For prescriptions, a defendant will typically need to consult with a toxicologist or other expert. The first question is going to be what the medication is. Ambien is a drug that puts people to sleep, any amount of this drug in a person’s system is problematic.
Illegal drugs could potentially clear a driver’s mind or assist them in safely operating a car. The first question is always what the purpose of the drug is. The second question is whether the amount of drug is the person’s system is consistent with the dosage of the prescription.
Law enforcement conducting a traffic stop for DUI will attempt to have a defendant perform a field sobriety test. The field sobriety test usually consists of an eye test, walking a straight line, and raising a leg.
If they believe you are drunk driving under the influence of drugs, they will request you to before a blood test. Colorado DUI laws do not permit them to offer you a breath test. Police are required to do chemical testing on the blood.
Colorado’s express consent statute will require a defendant to submit to a blood test if police request it. This law requires a defendant to submit to a blood or breath test if requested. Drugs do not cause a revocation of driving privileges pursuant to the Colorado Express Consent Statute. This includes marijuana.
A conviction for a DUID will result in an administrative revocation from the DMV. Traffic infractions and drug related driving offenses do have points as well. Points can cause a suspension of your license.
What is the Punishment for a DUID?
The punishment for a DUID is the same for a DUID. For more information, please see our DUI Punishment section. The maximum jail sentence for a DUI is one year.
A first offense has no mandatory minimum jail sentence. Second offenses carry a mandatory 10-day jails, and a third is a mandatory 60-day sentence. The availability of work release and in-home detention depends on a variety of factors.
These types of charges can result in mandatory jail time and probation. The jail time will be dependent on the amount of prior DUI charges. An accident will also aggravate a DUI case.
Prosecutors seek jail time if there are accidents or high level of drugs in a defendant’s system. The court will also impose probation for these cases.
Probation will require a defendant to complete level 2 substance abuse treatment, MADD Victim Impact Panel, community service, and monitored sobriety. In some cases, it would be helpful to start level 2 classes in advance of resolution of the case.
There is also a potential secondary case involving the defendant’s driving privileges. Unlike alcohol, Colorado law will not require a revocation of a defendant’s privileges pursuant to express consent. However, a DUI conviction can result in an administrative revocation or points suspension. This may require you to get an ignition interlock device.
Speak with A Qualified DUID Defense Attorney Today!
No two DUI cases or criminal defendants are the same. Each case and each defendant require a DUD attorney to tailor a defense to their goals. Speak with an attorney if you are facing charges of DUI or DWAI.
The consultation is always free. We are happy to go over the facts of your case with you and detail your options. In some instances, it may make sense to begin mitigation.
This means you start proactively taking steps to show the court you are taking the case serious. This will help if you are trying to resolve the case with a plea agreement.
We can work on getting your case dismissed or charges reduced. We are open during regular business hours, and we will stay late and be available on the weekends if necessary. Schedule a free consultation with our Colorado DUID attorney from the Lawrence Law Firm. We are ready, willing, and able to represent you.
A driving under the influence of drugs charges requires a skilled litigator. Our firm routinely provides representation to individuals charges with driving under the influence of drugs. We represent clients throughout Aurora, Denver, Parker, Castle Rock, Arapahoe County, Douglas County, and Adams County.
