In Colorado, driving under the influence of marijuana is treated just as seriously as driving drunk. But that doesn’t mean the charges are identical—or that the evidence against you holds up the same way in court.
At Wolf Law, we’ve helped countless clients navigate DUI cases involving cannabis, alcohol, or both. And while the penalties are harsh across the board, marijuana DUIs come with unique challenges, legal gray areas, and opportunities for defense.
If you or a loved one is facing a marijuana-related DUI charge in Colorado, here’s what you need to know—and why it’s critical to have the right legal advocate by your side.
The Law: What Counts as a Marijuana DUI?
Under Colorado law, it’s illegal to drive while “under the influence” of any drug that impairs your ability to safely operate a vehicle—including marijuana. Specifically:
- The legal limit for THC in your bloodstream is 5 nanograms per milliliter of whole blood.
- If a blood test shows THC at or above that level, the court may presume you were under the influence. However, that presumption is rebuttable by the defense.
- That’s different from alcohol, where the limit is 0.08% BAC, and a reading at or above that threshold is often considered conclusive evidence of impairment.
In short: while the 0.08% alcohol limit is treated as nearly airtight, THC levels are more open to interpretation—and more vulnerable to challenge.
Breath Test vs. Blood Test: A Key Difference
If you’re pulled over for suspected drunk driving, your sample can be collected either via blood or breath testing. If you elect to go with a breath test, officers will typically use a breathalyzer to estimate your BAC. These tests are quick, and while not perfect, they’re fairly standardized.
Marijuana DUIs don’t work that way. There’s no breath test for THC.
Instead, officers must obtain a blood sample, usually after transporting you to a medical facility or jail. This creates several openings for defense:
- Delay between stop and test: THC can drop over time—even if you’re still impaired. A delayed blood test might not reflect your condition at the time of driving.
- Residual THC: Regular marijuana users may test above the legal limit even when they’re not impaired. THC can remain in your system for days or weeks.
- Testing errors: Blood draws must follow strict protocols. Any mistake—from collection to lab handling—can cast doubt on the results.
Bottom line: marijuana DUI cases often rely on flawed or misleading science, and an experienced defense attorney can expose those weaknesses.
Field Sobriety and Officer Opinion
With alcohol DUIs, officers are trained to use field sobriety tests—like walking a straight line or following a pen with your eyes. These tests are somewhat standardized and backed by data (even if still imperfect and based in incredibly unreliable “science”).
With marijuana? There’s no official field sobriety test tailored to cannabis. Officers may still rely on balance, coordination, and behavior—but it’s all highly subjective.
Some departments use so-called “drug recognition experts” (DREs) to assess impairment, but these evaluations are often riddled with bias and lack scientific reliability.
If you were arrested based on an officer’s opinion alone—or a vague statement like “your eyes were red” or “you seemed high”—you may have a very strong defense.
Penalties for Marijuana DUI in Colorado
The consequences for marijuana DUIs are the same as for alcohol-related DUIs. A first offense can carry:
- Up to 1 year in jail
- A fine up to $1,000
- License suspension
- Community service
- Mandatory substance education or treatment
Repeat offenses or aggravating factors (like causing an accident) can drastically increase the penalties.
That said, the path to conviction is different—and often more vulnerable to challenge.
Why Legal Help Makes All the Difference
Marijuana DUI charges can feel overwhelming, especially when you know you weren’t actually impaired. But the legal system doesn’t always recognize that nuance. Prosecutors are often eager to treat THC results as “proof,” even when the science doesn’t hold up.
At Wolf Law, we don’t let weak assumptions go unchallenged.
We know how to:
- Challenge THC blood test results and collection methods
- Cross-examine drug recognition “experts”
- Undermine vague officer observations
- Push for reduced charges—or full dismissals—when the evidence doesn’t meet the standard
And because we’ve handled countless DUI cases in Colorado, we understand the local courts, judges, and prosecutors. We use that insight to help you protect your license, your record, and your future.
Arrested for a Marijuana DUI in Colorado? Call Wolf Law Today.
If you’ve been charged with a marijuana DUI in Colorado, time is not on your side. Evidence can get lost, court dates come fast, and prosecutors start building their case immediately.
That’s why you need a legal team that knows how to push back—and win.
Call Wolf Law today to schedule your free consultation. Whether it’s a first offense or a complicated repeat situation, we’re ready to fight for you. Your future is too important to leave to chance.
