What is DUID? Speak with our Driving Under the Influence of Drugs Attorney
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 includes 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.
You may face high fines, jail time, loss of driving privileges, and more. If you’ve been arrested for DUI, DWAI, or a related offense, contact our DUI Lawyer at the Lawrence Law Firm. We routinely represent defendant charges with DUID. Our DUI Law Firm is in Aurora, but we regularly represent clients in Arapahoe County, Douglas County, Adams County, Jefferson County, and the Denver Metro Area.
You should remember that DUI can have secondary charges. A child being present in the car can result in a child abuse charge. The possession of a firearm can result in charges for the unlawful possession of a firearm. This is a second misdemeanor case and could result in additional jail, fines, and lose of the firearm.
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, and it is defined at Colorado DUI Statute. The only drug that has a limit is marijuana.
As the name implies, driving under the influence of drugs focuses on being under the influence of drugs at the time of driving. Drugs can impact a person's mental or physical ability to safely operate a motor vehicle.
There is also a lesser included charge of DWAI. This is the operation of a motor vehicle while your ability to drive is impaired to the slightest degree of drugs or alcohol. The slightest degree language can be dangerous as the dui laws have not defined what the 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.
Conversely, Ambien is drug that helps people sleep. Any amount of ambient is too much Ambien. A good DUID Defense Attorney will look into the drug you took to determine its impact. To learn more about the charge, please see Colrado's DUI Statute1.
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.
The blood test is done pursuant to Colorado's express consent statute. This law requires a defendant to submit to a blood or breath test if requested. Unlike alcohol, the law does not require the revocation of your license if drugs are found. This includes marijuana.
The DMV can revoke your license for administrative reasons if you are convicted. 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 us 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. Jail can also be on the table if there is an accident 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 are the same, and each case and each defendant requires a DUI attorney to tailor a defense to their case and goals. If you are charged with a DUI or DWAI offense is Aurora or the Denver Metro Area, request a consultation today.
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 a DUI Defense attorney from the Lawrence Law Firm. We are ready, willing, and able to represent you.
Driving Under the Influence of Drugs Attorney in Aurora, CO
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.