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

Denver marijuana DUI defense lawyerReceiving 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, medication or illegal drugs. Colorado is no different.

Colorado, however, finds itself in a unique position about 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 an 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 table spoon half way.

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 police 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 there 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.

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. If you are charged with a pot related DUI or DWAI, contact Wolf Law at any time. Wolf Law is confidential and the initial consultation is free.

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

Understanding, Patient, Helpful

Working with Jeff was the best choice I could have made for my circumstances. Not only did he take his time in hearing my side but also those around me. This allowed me to take care of myself as I moved through the legal process and provide the best results possible. Thank You for all the Help Jeff!!

— Anonymous

Best Possible Outcome Thanks to Wolf Law

When I walked into the office I was at a low point I can’t describe. When I talked to Jeffrey Wolf I wanted to hear, “Don’t worry, you’re going to be fine.” Instead I was told the honest truth: I was in serious trouble, but he would fight like crazy to get me the best possible outcome. After thinking about that I realized it was far better to hear the truth rather than a lawyer trying to get my business, and in the end I got exactly what Jeff said: Good advice, an excellent professional defense, and I believe the best possible outcome I could have wanted. I highly recommend Wolf Law.

— David R.

The Best!

Jeff is very professional, knowledgeable, and as good of a lawyer as there is. I had a restraining order full of false allegations, and Jeff got everything dismissed. Even though it was a restraining order, Jeff treated my case as important as any other case. Thanks, Jeff!

— Anonymous

Excellent Lawyer

I would like to share my experience and recommend Jeffrey Wolf at Wolf Law for their dedication and awesome team. I had recently contacted the Wolf Law firm with a rather challenging case and he was able to get it resolved satisfactorily and for that, thank you.

— Cece M.

Great Law Firm

Jeff Wolf and Cassandra Monahan were wonderful to work with. Very professional and thorough.

— Laura A.

Thorough Representation

I had the pleasure of working with Cassandra regarding an expungement matter of a juvenile case. She was very concise in her explanations of the process and kept me up to date on the evolving progress of the case. Upon completion of the expungement, I was glad to see that Cassandra had gone the extra mile to make sure that the intricacies of my case were properly addressed. Although I hope to never personally require these services again, I would gladly recommend Cassandra and Wolf Law to anyone in need of representation.

— Jared

AMAZING LAWYER

Mr. Wolf was recommended to me through my cousin. I was facing a very serious legal matter and Mr. Wolf was amazing. He explained everything to me in detail. He listened to my questions and was very helpful. I am so thankful that he was my lawyer.

— Amy K

Amazing Service and Representation

I had the pleasure of working with Cassandra on a petition I was making to the court. Cassandra’s representation was amazing. She communicated exactly what would be required of me. She set realistic expectations of how the process would work and kept me updated on where my petition was i the judicial process. I give Cassandra Monahan and Wolf Law my highest recommendation if you need someone on your side in the judicial system.

Thank you Cassandra for everything you did. I appreciate you!!!

— Mark J.

Beyond the Best

Jeffrey Wolf has been a beacon of hope to me when my situation seemed limited and unlikely of a positive outcome. He represented me for a DUI and as a domestic violence victim and did a phenomenal job on both. Not only was he able to defend and represent me, but his empathetic and ethical demeanor offered hope to myself and someone I truly care about. My partner and I are eternally grateful for his service, and I hereby recommend him without hesitation since I could not imagine a better result without him representing me.

— Marisabel

Here’s a Lawyer You can Trust

I found myself threatened with life-changing accusations, and Jeff Wolf was there for me. Kept me up to date every step of the way and really helped relieve the stress of going through something so awful. 100 percent worth every penny.

— Patrick