• 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

Representation by Jeff Wolf

Counselor Wolf was very professional, and each time we met to discuss my case he was patient and explained what we could expect and what might happen through each step in my proceedings. Counselor Wolf presented himself as very knowledgeable, confident and professional throughout our dealings in this matter. Thank you Jeff, I appreciate your attention to detail and adept representation.

— Jack O.

The Best Lawyer I’ve Ever Come Across

I got my first DUI in April when I fell asleep in my car because I couldn’t get inside my house. I knew I needed a lawyer to help me fight the case but I was really hesitant on who I wanted to hire. I came across Jeffrey Wolf and I couldn’t be any happier that I chose him to represent me. Jeffrey is not only very professional but he can also relate to you on a personal level. Since it was my first offense I had no idea what to expect or what I was doing. He guided me through the whole process and I was very pleased with the results. He was able to convince the Judge to let me off with 6 months of unsupervised probation and level 1 education classes. Jeffrey is very loyal and a wonderful lawyer, definitely hiring him again if need be.

— Anonymous

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

Gets the job done!

I recently hired Mr. Wolf for a 23-year-old case and I am extremely satisfied with his service. Mr. Wolf was very knowledgeable, professional, and compassionate throughout the entire process. He kept me informed every step of the way and made sure I understood everything. The outcome of my case was better than I expected, as it was dismissed. I would highly recommend this firm to anyone in need of a criminal defense attorney. Mr. Wolf is efficient and effective, and he truly cares about his clients.

— Jothan Simmons

Kind, Knowledgeable, and No-Nonsense Attorney

I hired Mr. Wolf to represent me in my efforts to obtain a permanent civil protection order against the person who committed a crime against me. This person is currently incarcerated for the crime but is being considered for parole. Due to Mr. Wolf’s criminal law background, and his outstanding attorney ratings, I believed him to be the best legal professional to successfully represent my safety and security concerns in court. I was not wrong!!

Mr. Wolf expertly and succinctly prepared the protection order paperwork on my behalf, prepared me for my court appearance in a direct and as complete a manner as possible, and successfully represented me in court. He also expressed sincere kindness towards me from the day I hired him to the conclusion of my case. Another attorney without a criminal law background may have been able to have successfully obtained a permanent civil protection order on my behalf; however, I was unwilling to take that chance given the criminal background of my case. I will be forever grateful to Mr. Wolf for his successful representation of me, and for making my safety and security one of his top priorities.

— Teresa M

Jeff Wolf Cares About You as a Person

Jeff Wolf is extremely timely, reliable, and efficient. He cares about you as more than just another case, he cares about you as a person. Jeff worked with me on my out-of-state case and went above and beyond to ensure that I received the best possible outcome.

— Anonymous

Jeff is a Powerhouse in the Courtroom

Jeff is truly an expert in his field. He is extremely knowledgeable and bright and it was clear throughout his management of my case that he is highly respected. He was very supportive of my desire to see my case through to trial, he was always empathetic, and he took the time to understand my personal and professional situation. He was determined to get me the best outcome with the least impact to my personal and professional life and he succeeded. We were dealing with a refusal and I have little doubt that I would not have had the same results with another attorney. Jeff is a powerhouse in the courtroom! I am beyond appreciative and would strongly recommend anyone facing challenging legal issues to seek out Jeff’s expertise.

— Jana S.

Colleen is one of the best!! Goes Above and Beyond

I had to use legal services regarding a personal matter and I contacted 3 other lawyers. Colleen was the only one who took time to understand the issue but only explain legally how it can be addressed.

Also, I was surprised when she got me the desired result but she kept moving forward to make sure I had material for a potential criminal case. It shows that she cares and understands legal strategies.

— Anonymous

Wolf Law

I contacted Wolf Law about a question of law for a personal situation. I was quoted a fee and a timeline for the research. I was contacted by Cassandra Monahan from Wolf Law well within the estimated timeline. She presented an overview of her research and how it affected my situation. Her briefing was clear, concise, and while she cited a couple of relevant cases, the information was easily understandable by a non-lawyer. I am very satisfied with the work result and the value.

— Daniel H.

Red Rocks Amphitheater – July 2025

Wolf Law was outstanding. Jeff was prompt, professional, and thorough from start to finish. He answered all my questions, did the necessary due diligence, and ultimately got my case dismissed. I’m extremely grateful to Jeff and the entire Wolf Law team. Highly recommend.

— Zac S.