• This field is for validation purposes and should be left unchanged.
  • Speak with An Experienced Defense Attorney Today
Denver marijuana DUI defense lawyer

Receiving a DUI or DWAI for drugged driving is not a new concept. Each state has laws discouraging people from using motor vehicles while under the influence of alcohol, prescription drugs, or illegal drugs. Colorado is no different.

Understanding Colorado’s Marijuana DUI/DWAI Limits

Colorado finds itself in a unique position regarding drug-related DUI/DWAI charges. As only one of two states with legal marijuana, the Centennial State needed to establish a blood level limit of active THC. The limit was needed to help police determine if a person is “too stoned to drive.”

To determine if a motorist is under the influence, the limit for Delta 9- Tetrahydrocannabinol (THC), the active compound in marijuana, was set at 5 nanograms per milliliter of blood. Five nanograms or higher results in a marijuana-related DUI charge and below 5 nanograms can result in a DWAI charge.

Five nanograms per milliliter is not a large amount by any stretch of the imagination. A nanogram is equal to 1 billionth of a gram. To illustrate just how small that is, consider this: a paperclip weighs one gram. Slice that paperclip into one billion equal pieces. Each slice is equal to one nanogram- Colorado has deemed five nanograms to be the legal limit per milliliter of blood. A milliliter being equal to 20 drops of liquid. That wouldn’t be enough to fill your tablespoon half way.

Testing Methods and Controversies Surrounding THC Levels

There are four different types of tests used to detect the use of marijuana, but only a blood or saliva swab detect active Delta 9 – THC. Urine and hair drug tests only detect the byproducts left by your body breaking down THC. This limits law enforcement’s testing options to a saliva or blood test. A blood test is the most common marijuana drug test Colorado law enforcement officers use.

The saliva test allegedly detects the THC level and the recency of marijuana use. Yet saliva testing isn’t being widely used, leaving the blood draw as the most common test. Blood testing provides police with accurate THC levels, but that is where the controversy lies in this matter.

Opponents say the law is unfair to habitual users and those with medical marijuana cards. Since THC stays in the body longer, habitual users are in constant violation of current marijuana DUI laws. Denver area pot critic “William Breathes,” wrote how long marijuana stayed in his system. Breathes, a self-admitted daily user of marijuana, abstained from marijuana for three days. He then submitted to a blood test. The results showed a THC level 3 times the legal limit in his system, even after 72 hours. You can read his post here.

The law can change in the future. After more research on marijuana and impairment, politicians could change the legal limit. Case rulings can also alter the way the law is applied, but any change through those methods will be slow coming.

Seeking Legal Help After a Marijuana DUI/DWAI Charge

Regardless of whether you agree with the limit or not, it is the law in Colorado on marijuana-related DUI/DWAI charges. Colorado residents using marijuana should not get behind the wheel. Even if they “feel fine,” or think the effects have worn off, it’s in everyone’s best interest if someone else drives. If that’s not an option, a bus or cab ride would also be cheaper than a DWAI/DUI charge.

Yet, we’re all human and we all make mistakes. A DUI/DWAI charge for marijuana or alcohol is an dangerous and expensive mistake. DUI/DWAI laws are not forgiving to those who are charged with violating them.

But this type of mistake doesn’t make you a bad person. We’re all human and should be treated like such. That’s where Wolf Law is different from other criminal defense attorneys in Colorado.

Call Us Today!

Marijuana-impaired driving cases can follow you for years—but they don’t have to define you. At Wolf Law LLC, we’re ready to help you challenge the evidence, defend your rights, and preserve your future.

Contact us today or call 720-479-8574 for a free consultation. You pay nothing unless we win.

Featured Blogs
  • Answers to 6 Common DUI Questions
  • Assault or Self-Defense?
  • happy hour to sober
  • breathalizer thumbnail
  • 4/20 safety
  • domestic violence cases
Certifications
Testimonials

Good Outcome

Mr. Wolf offered excellent service, fast responses and prompt communication. I was so relieved that he was willing and able to take my case. He and his team are very professional and got me the best possible outcome.

— Brian

Amazing Lawyer

If you’re looking for an amazing lawyer I would highly recommend Jeff Wolf and Wolf Law in general Jeff helped me every step of the way, kept me well informed about what was going on with my case, and was very responsive to every question I had and is genuinely a good dude. I appreciated all of his help and the way he handled my case. I would highly recommend him to anyone who needs a good lawyer cause he’s definitely the way to go thank you again Jeff!

— Jordan B

Domestic Violence Defense

I hired Jeff Wolf to represent me in a domestic violence defense case. The results were excellent. Him and his team are awesome. They handled everything for me. Trust your freedom with Wolf Law!

— - John D.

Legal matter

Mr. Wolf was able to completely quash my 30 year old warrant and have the case fully dismissed within 3 weeks. He has taken such a burden off my shoulders where I can start to live my life like a free woman instead of a woman running from the law that I took care of 30 years ago but the paperwork somehow didn’t get into the correct hands. He truly is a very kind man who takes your case and gets it done fast. Thank you Mr. Wolf, you changed not only my life but my entire family’s lives

— Darin

Winning the Case

Colleen Kelley came through for me when I thought all else was lost. Colleen worked diligently and kept up the fight; she was able to get the job done, and I’m so appreciative for her work.

— Randy J.

I Would Give Wolf Law 50 stars Out of 10 if I Could

I wanted to take a moment and give a MASSIVE THANK YOU to Wolf Law (and Colleen Kelley specifically)!

I had contacted Wolf Law recently regarding a previous offense and legal registration questions. This was for Sex Offender De-registration for the State of Colorado. After taking the time to review my case, my information, etc. etc, Wolf Law was able to take my case.

Considering the amount of time and effort involved to be removed, I am extremely grateful for Colleen Kelly/Wolf Law’s assistance in the matter.

After almost a decade, I was removed from the registry, and can now put a long chapter of my life behind me.

I would give Wolf Law 50 stars out of 10 if I could.

Again, THANK YOU Wolf Law for all your assistance and help in this matter!

I would very very very much recommend Wolf Law for your legal needs and/or situations. Please take a moment to contact them if you need to!

— Anonymous

Services with Jeff

Jeff accepted a traffic violation case with not a ton of time to prepare. He provided clear instructions on how to proceed with the initial hearing in order for this individual to receive an extension and time to gain attorney representation. From there, he continued take the extra steps necessary to not only communicate effectively and clearly but also provide a level of advocacy that was necessary for this vulnerable individual! Thanks Jeff — Your work, patience and understanding is greatly appreciated!

— Nicole Young

One of the Best!

Absolutely the best!! Jeff and the team at Wolf Law successfully navigated me through one of the toughest and most stressful events of my life. From the 1st call to the last email, Jeff answered my questions, explained the laws and court procedures in terminology I could understand and kept me informed from start to finish. One of the best, case dismissed!!

— Ashlee Echols

Case commitment

Thank you! Cassandra helped me through every step of the way. She was extremely flexible and answered anything i could ask. She was the biggest and nicest help I could ask for, on top of being resourceful she got my case done earlier than the state said. I would highly recommend Cassandra to any one she was amazing.

— Kyler A Witt

Jeffrey Wolf is an Exceptional Defense Attorney

From my very first conversation, I knew that I was in good hands being represented by Jeffrey Wolf. He was extremely honest about my situation and gave me clarity about possible and likely outcomes, never sugarcoating anything. Mr. Wolf has excellent communication skills as he explained all the aspects of my case to me in great detail. He skillfully navigated me through the most difficult and stressful event of my entire life while always exhibiting concern for my personal wellbeing throughout the process.

I couldn’t have asked for a better attorney to represent me. Mr. Wolf was great during negotiations with the DA, great in the court room (which was always done via WebEx), always very calm and confident, but firm and never let himself get pushed around by anyone. As a result, Mr. Wolf negotiated a much lower sentence with the DA which allowed me to avoid prison time enabling me to be home with my wife and continue watching out for my 91 years old father.
Thank you, Mr. Wolf!

— Mike Forstner