Getting a DUI for Marijuana is no laughing matter. Although it is legally permissible To use Marijuana in Colorado, the law does not allow its use while operating a vehicle under its influence. Marijuana is one among many controlled substances, and you can be arrested and charged with a DUI/DWAI if your ability to safely operate your vehicle has been impaired. Marijuana can interfere with your ability to operate a vehicle. 

What YOU need to know about a Marijuana DUI

The Test: If a blood test shows that you have FIVE or more nanograms of active THC you can be convicted of a DUI.                                  

Express Consent laws: Refusing to take a blood test may worsen your situation. Drivers are subject to express consent laws. By the act of driving you are presumed to have given your consent to a blood test if an officer has a reasonable suspicion that you are operating under the influence. Refusal to undergo testing may lead to specific administrative DMV penalties, including automatic driver’s license suspension.

Evidence that can be used against you: Taking a blood test is not the only way a prosecutor can prove you guilty. The prosecutor will have other evidence to use

against you that includes your refusal to take the test, the odor of marijuana, your demeanor, the way you drive, the presence of marijuana in your vehicle, and the results of your field sobriety testing.                 

Legal defenses available: Even defendants who failed roadside testing can still have more defenses against the DUI charges. NEVER accept a plea offer from the District Attorney without speaking to an experienced criminal defense attorney who specializes in these types of cases.

Harsh penalties: Colorado’s law imposes penalties for even a first-time marijuana-related DUI offense that includes a minimum of two days in the county jail up to a maximum of 180 days, a minimum fine of $200.00 up to $500.00, minimum useful public service of 24 hours up to 48 hours, possible probation up to two years,  attendance at a victims impact panel,  and weekly attendance at marijuana treatment sessions from 12 to 86 hours. You are not allowed to do more than 2 hours per week. You risk missing an iron clan defense when working on your defense alone.  You need to speak with an experienced attorney immediately. The risks you take can lead you to the above-mentioned penalties.

Potential federal consequences: Crossing state lines while convicted of a DUI may result in federal charges for transporting a controlled substance across state borders, despite its legality in the originating state.

Long-term repercussions: Getting convicted can lead to harsh long-term consequences, including being unable to work in certain fields of employment, increased auto or health insurance premiums, and the penalties mentioned above.


Do not risk your freedom or the consequences that come with a conviction if you have been arrested for DUI in the state of Colorado CALL Shipp-Law at (970)925-2255. Contacting our offices can help you greatly with our experienced local DUI attorney, and can guide you through the legal process of securing your best possible outcome.