Marijuana is the number one illegal substance in the United States, and that raises the eye of many people with the intersection of the legalization of marijuana usage and driving. The Colorado legislature initially approved both medical and recreational marijuana but then struggled with the unintended consequences of its decision. This creates a dilemma for judicial authorities.
Driving Under the Influence.
It’s important to understand what driving under the influence of marijuana is. While a DUI typically means being unable to safely operate a vehicle due to alcohol, drugs, or both, it is more difficult to determine impairment from marijuana due to the lack of a specific benchmark for active THC. It is still illegal to drive while impaired and juries have the authority to assume impairment if a DUI chemical test shows 5ng/ml of THC in the bloodstream.
How Impairment is Found.
Officers in Colorado have special training to recognize impairment. Officers trained as drug detection experts can be called upon to evaluate impaired drivers. When a DUI is suspected, people usually get a blood test to determine THC levels. Failure to complete the testing process often results in license revocation and being designated as a high-risk driver.
Testing for THC/THC-COOH in Colorado.
THC and THC-COOH blood tests serve different purposes. The THC blood test detects active THC presence, while THC-COOH finds past usage. These tests pose a significant challenge due to controversy over the accuracy of the tests. Serious legal consequences, including the reversal of DUID cases, may result from discrepancies between state-administered tests and private retests.
Contact Help Immediately
It’s important to understand testing protocols well, especially if you face charges of driving under the influence in Colorado. Hire an experienced attorney at Shipp-Law and contact (970) 927-2255 to get the help you need.