Colorado Marijuana DUI/DWAI Defense Attorney

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

Certifications

Testimonials

Wolf Review

I hired Jeff Wolf to represent me in a DUI case where I was charged, but was not the one that was driving the vehicle. From the very beginning I felt that I was in good hands because he made me secure in the fact I was innocent and that, though I was drunk, I did not do anything against the law. Every time I emailed him, I received a response immediately. I felt that he knew the system well, and how to handle this “game” of law. When he had to deal with a health emergency, he made me aware of my options and what he thought would be my best choice, which was being represented for court by another attorney that knew my case inside and out. He just called me this past Monday to let me know my case was dismissed! I would recommend Jeff Wolf to anyone being charged with anything in Colorado. He knows the laws of Colorado and will keep it real with the possible outcomes of your case.

— Stephanie

Fantastic Legal Service

Cassandra was so helpful and informative throughout my process, she clearly stated the steps nessecary, and answered the many questions I had over my proceedings. I am very appreciative of the time Wolf Law gave me, and will have them as a reference for others I know who may find themselves in need of legal assistance. Thank you!

— Michael Roesel

Very confident and competent attorney! I am very happy with Jeff

I contacted Jeff Wolf after I had some family issues that also carried potential criminal charges. I spoke with him as soon as i realized how severe the situation could be and he offered great legal advice that lead to me bringing him on as my personal attorney. The charges against me were dropped and I never had to go to trial but throughput the entire process Jeff was in touch and taking care of everything I needed. I am very happy with his services and would certainly work with him again if I was in the situation.

— Daniel E.

Wolf Fought Hard and I Owe Him for All He Did

I am writing this letter to show how much I appreciate Mr. Jeff Wolf for representing me in my DUI case. When I first visited Mr. Wolf I had all these questions of what is going to happen in the case and to myself. I did have a prior DUI in another state so this was new to me.

I received my DUI in April and finished my court in September. During this time Mr. Wolf had an open door policy if you wanted to visit or maybe answer any questions that I may have had. His personal attention to my case made me feel at ease at all my court appearances.

Mr. Wolf guided me through all the steps that were taking place around my case and all his advice paid off when the day came for my sentencing. Actually, the judge was impressed with all the steps I was doing to remedy my terrible mistake. Mr. Wolf fought hard for me and I owe him for all that he did for my family and myself. I can honestly say that I have found a gentleman that I would recommend to another or help my family with any issues.

— Brian G.

First Rate Legal Representation

If one were to Google all the attributes that you want in legal representation, Wolf Law would check off each box. His entire staff is helpful and professional. As for Mr. Wolf himself, his expertise and straight-talk are exactly what you want and need in an attorney. The outcome of my case matched my most optimistic goal. I thoroughly endorse Wolf Law.

— Trenton

Great results. Great to work with.

I had an amazing experience working with Wolf Law, and specifically Cassandra Monahan. I was involved in a car accident and Miss Monahan not only got the ticket dismissed, but did it quickly and effectively. Moreover, she was great to work with, showing a genuine care for me and my case. I would highly recommend Wolf Law and Cassandra for anyone who needs representation with respect and results!

— Rob T.

Professional, Thorough and Successful

Jeff handled my case with expertise and professionalism. He examined my case quickly and accurately then presented me with sound options and advice going forward. Very satisfied with the almost immediate responses to phone calls and emails. Pleased with the outcome Jeff was able to provide in my case.

— Charlie G.

A Man of Passionate Action!

Colorado Law had recently passed a law, that would help me in the messy situation I was in. I knew immediately I had to find a lawyer to discuss the situation and the circumstances surrounding the process, and eligibility requirements for my specific case. I have to admit, I was very nervous reaching out to any lawyers who could help me.

So I did my research to the best of my ability, and having questions to ask to confirm I was making the right choice in a lawyer. A friend of mine who had previously worked with Mr. Wolf, had strongly recommended that I contact him. I am very grateful that I had! He was very respectful, and had a obvious passion to help me, asking specific questions surrounding my situation so that we can both deal with the issue at hand. Talking me through the processes and possible outcomes, straight forward. No sugar coating, which is nice because I value honesty.

Throughout the whole process, I was comfortable, and very trusting, as questions were answered accurately and after I tried contacting him with new questions or comments, he would return my call or email within 24 Hours! That showed me that he cared and was on top of his workload.

Nonetheless, the outcome of my case worked really well for me, and was a success. And for that, I want to show my gratitude.

Thank You Mr. Wolf for being on my side! I strongly recommend to anyone looking for a well competent lawyer, to contact Jeffrey Wolf at Wolf Law!

— Erwin H.

DUI Charge Reduced to Reckless Driving

I approached Mr. Wolf due to a first-time DUI charge. He was extremely knowledgeable and professional throughout every step of the legal process. As a result of his diligence in court, the charges against me were reduced to reckless driving. I would recommend Mr. Wolf’s services to my friends and family.

— Gina

Sex offender deregistration

Colleen Kelly and her team, supported me and guided me through the process of getting off the registration . I had attempted over the years to do this on my own and at one point hired another attorney to assist me. These efforts were futile, I ended up with unnecessary years ( decades ) of suffering financially, humiliating encounters with personal relationships, landlords, employers, churches and other organizations.
Colleen and team were very professional and knew the steps that I needed to go through to get the job done. I would highly recommend Wolf Law, for their professionalism and caring.

— Alvin