• 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

Responsive, Insightful, Professional and Compassionate

Jeff is not only great in the courtroom, but has a sense of caring and true passion for his profession. He takes the time to explain things with a productive attitude. I would highly recommend him and can’t thank him enough.

— Mike

Recommendation

I would highly recommend the Wolf Law Team for your legal needs. In my case, Colleen handled our legal needs in an expeditious, professional manner. She was very knowledgeable and understanding.

— Gerald W Hardesty

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.

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

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

Outstanding Results

Mr. Wolf was great to work with. He explained all the aspects of my case in great detail and his communication is excellent. My case was for DUI and Jeff was able to get my sentence deferred which from my understanding, is a very rare outcome.

— Tony G

Working With Jeff

Mr. Wolf was very patient and understanding while working with me to get through my case. He took his time explaining things to me and telling me what I needed to do to prepare. He found a way to get me the best realistic outcome for my case.

— Eren

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

Out of 5 stars I give Wolf Law 21,000

I had Cassandra Monahan defend me on an absolutely ridiculous Felony Menacing charge.
Cassandra fought for my life and got me a deferred judgement and only 12mo probation. After probation all charges against me were thrown out and all records sealed.

She was straight forward and diligent with my case. I can’t recommend Wolf Law and Cassandra enough.

— - Tom O.

Hit and Run Charges

I had multiple charges stacked against me by the CSP office for a questionable “hit and run” in my office parking lot. Jeff reviewed the video evidence and was able to get the charges reduced from 26 points against my driver’s license down to 4. He was also able to get the fines reduced to the minimum amount! Jeff was extremely knowledgeable and helped ease my fears each time we spoke and explained the whole process and what to expect along the way. Thank you, Jeff!

— Jim M.