Casey A. Krizman, a criminal defense attorney in Denver, Colorado, describes when and how you can be charged with a DUI (driving under the influence) or DWAI (driving while ability impaired) if you’ve used Marijuana. If you need a personalized and relentless criminal defense, call (303) 529-2677 or visit today. #colorado #dui #dwai

Video Transcription

In Colorado, we have a unique situation because marijuana is legal, but federally it is still illegal. And Colorado courts are still grappling with trying to figure out the exact way to prosecute driving while high.

The answer is yes, you can be pulled over, and you can get a DUI for having smoked marijuana. The questions are essentially the same for a DUI under the influence of drugs or DUID. The question is: “Were you substantially incapable of driving due to your marijuana use such that you could not drive safely?”

Similarly, you can get a DWAI using marijuana. And the question there remains: “Were you impaired to the slightest degree?” However, there’s no per se limit. There’s no number that specifically tells you or tells the courts that you are presumed to be under the influence with marijuana. Right now, what the courts are using is five nanograms of active THC as a benchmark for determining whether or not someone was DUI or DWAI.

Marijuana & DrivingCan You Get a DUI or DWAI for Using Marijuana?