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Under Colorado law Driving While Ability Impair "DWAI" is defined as: “driving a motor vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, that affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.”
Colorado law defines Driving Under the Influence "DUI" as: “driving a motor vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that affects the person to a degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, of exercising clear judgment, sufficient physical control, or due care in the safe operation of a vehicle. If a driver’s BAC is .08 or greater, then they are presumed to be under the influence of alcohol to a degree that they were not capable of safely operating their vehicle.
If you are charged with a DUI, then you need to act fast, in most cases you only have 7 days, to act if you want the chance to keep your license. Our attorney's are skilled DUI/DWAI/DUID defense attorneys. We have successfully won numerous DMV hearings allowing our clients to retain their driving privileges and have successfully had numerous DUI/DWAI/DUID cases dismissed altogether. Don't wait, call AGG law firm at720-708-2988 if you have been charged been charged and let us aggressively fight to help you keep your license and get you the best possible outcome in your case.
Driving under the influence of Drugs "DUID"
Recent changes to Colorado law have made it so it is now legal to possess and use marijuana. However, it is still a crime to drive a motor vehicle while under the influence of marijuana or any other drug.
It is not a defense to a charge of DUI/DWAI that drugs affecting the driver’s ability to operate their motor vehicle were lawfully prescribed. All that is required of the State is they prove you consumed a certain drug or drugs, and that consumption of those drugs affected your ability to operate your vehicle.
Motorists charged with Driving under the Influence of Drugs (DUID) in Colorado face harsh penalties, including substantial fines and court costs, driver’s license consequences, several hours of community service, drug education classes, and even jail time
Under the current Colorado DUI law, any detectible amount of prohibited drug in a driver’s system could lead to a DUI or DWAI charge. Colorado also has an inference of impairment with a blood test of 5 nano grams or more of THC.
A driver is considered under the influence of drugs if their blood contains five or more nanograms of delta 9-tetrahydrocannabinol (THC) per milliliter of blood.
The Drug Recognition Evaluation is voluntary, meaning you are NOT required to complete the evaluation. It is simply used by the police, like field sobriety tests, to provide more evidence for the prosecution at trial. i
DUID cases in Colorado involve a blood test to screen and confirm traces of drug use in your system. A typical drug screen in a DUID case will test for barbiturates, benzodiazepines, cannabinoids (THC), cocaine, ethanol, methadone, methamphetamine, opiates, phencyclidine (PCP), and propoxyphene (Darvon).
3 Things You Do NOT Have to Do and Should NOT Do If You Are Stopped For a DUI
1. You do NOT have to answer any questions about what you drank, where you drank, when you drank, or how much you drank. You should not answer these questions, but instead politely state that you are going to exercise your right not to answer those questions without an attorney present.
2. You do NOT have to take a PBT (portable breathalyzer test), which is the breath test given roadside. If you are later arrested, then you must select between taking a blood test at the hospital or breath test (intoxilyzer) at the police station.
3. You do NOT have to do the Roadside Sobriety Tests. These roadside tests are voluntary.
Most people seal the case against them by doing things they are not required to do. By having this knowledge and refusing to do these three things you will increase the likelihood of beating your DUI case.
DRIVING UNDER THE INFLUENCE
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