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, 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

Certifications

Testimonials

Incredible!

I was extremely fortunate to have Jeff as my lawyer during a difficult time. He made sure I was taken care of and fought for what he knew was right on my behalf. My experience working with Jeff was nothing but great as he helped me get through my case. He is extremely knowledgeable, kind, and is willing to help out with a smile on his face. Jeff is an AMAZING lawyer and I cannot thank him enough for all the hard work he has done! Thank you Jeff!

— Summer

I Trust My Future with Jeffery A. Wolf

My experience was very hard like many others facing any criminal charges against them. Jeffery A. Wolf was a very compassionate, caring individual that was there to help me through the entire court process. He is very knowledgeable about criminal law and was very helpful, getting my family and me through the whole criminal process. He fought for me in a time I needed someone the most, ensuring me that he was there for me and out to get the best results as possible from the court system. What an outstanding man to fight for the truth and be there for anyone with criminal charges, explaining the whole process very methodically and being pin point with all the facts. I was very confident in his experiences and knowledge that I would only trust my future with Jeffery A. Wolf. I had a great experience with him, allowing me to have the life I am here to live.

— Adam B.

I Was Very Well Represented by Jeff

Regarding a DV assault charge, Jeff was able to have the judge do something he stated he’d never done in any similar case: he deferred my sentence, reduced probation, reduced the amount of classes I would have to take from being many weeks on end to 2 days, and instead of requiring a no-contact order (which would have left me homeless and unable to speak to my partner via any means), he placed me on a no-contact order with alcohol… That alone was the best thing I could hear.

Without going into details of my case, this was the best possible outcome I could have been given, and I’m so happy that I was recommended to him by a fellow law professional that went to school with Jeff. I will be using him again when the time comes to put this case behind me for good, and would recommend him to anyone who needs expert defense, and wants someone to explain your case in simple, yet professional terms. I felt very well taken care of. Thank you again, Jeff!

— Laurie A.

I Would Give Wolf Law 50 stars Out of 10 if I Could

I wanted to take a moment and give a MASSIVE THANK YOU to Wolf Law (and Colleen Kelley specifically)!

I had contacted Wolf Law recently regarding a previous offense and legal registration questions. This was for Sex Offender De-registration for the State of Colorado. After taking the time to review my case, my information, etc. etc, Wolf Law was able to take my case.

Considering the amount of time and effort involved to be removed, I am extremely grateful for Colleen Kelly/Wolf Law’s assistance in the matter.

After almost a decade, I was removed from the registry, and can now put a long chapter of my life behind me.

I would give Wolf Law 50 stars out of 10 if I could.

Again, THANK YOU Wolf Law for all your assistance and help in this matter!

I would very very very much recommend Wolf Law for your legal needs and/or situations. Please take a moment to contact them if you need to!

— Anonymous

Would Have Been Lost Without Wolf Law

I was charged with my first DUI and was referred to Jeff by a friend of mine. He gave me a realistic expectation of what would happen and is an expert at navigating the process. Jeff is always incredibly quick to respond and is very knowledgeable. He is professional and represented me well in the courtroom. The experience of being charged with a DUI is a terrible, humiliating and challenging event – having an experienced attorney was priceless!

— Anonymous

Incredible Defense with the Perfect Outcome

When I was arrested at a concert hall for trespassing and placed in a detox center it didn’t feel right. I had confronted the police in order to find out why they where arresting somebody I knew and within seconds of my questioning I was in cuffs and associated with a crime that I seemingly had nothing to do with.

When I was released from detox I thought it was over but then I understood that I had to appear in court and my previously clean record was facing the documentation of a criminal charge. I wanted to try to keep my record clean and with some help I hired Wolf Law.

Given the relative simplicity of my case I only had to meet at the office of Jeffrey Wolf a handful of times. From the first visit I could tell that Jeffery was very professional and very serious. As more of my case was revealed and in consecutive meetings I could tell that Jeffery was building a strong defense.

While he couldn’t promise me any certain outcome his resolve to defend me as strongly as he possibly could was obvious. On my first court date, before much of the details of my case where known, I was accompanied by Jeffrey Wolf’s associate lawyer Colleen Kelley. Colleen defended me with a skillful amount of experience and made it possible for Wolf Law and me to buy more time and obtain the legal information required to build a defense.

On my second court date, after having met several times, I was accompanied by Jeffrey. Jeffrey told me to wait outside the courtroom and I complied. After roughly 20 minutes he reappeared to me with a welcoming smile and gave me the good news that he had gotten my cased dropped.

I’m not quite sure what he did in those 20 minutes but I can say with satisfaction that it was an amazing job. I felt, with fingers crossed, that it was a possibility that my case would be dropped but when it actually happened I almost couldn’t believe it. I’m very thankful for the work and service that was provided by Wolf Law. For them I have the utmost respect and my recommendation to anyone needing legal service goes to them with 100% certainty in their ability to promise and do their best.

— Christopher P.

Look No Further – Jeff is the Best

I was falsely accused of a crime with serious consequences, was very depressed and got even more depressed and frustrated as I was interviewing attorneys to defend me. They had a broad spectrum of approaches and some were ready to head to trial immediately as it seemed they were primarily interested in battles and my money rather than my best interests. The first one was extremely arrogant and rushed to get me off the phone. My court appearance date was approaching and I was ready to give up when I came across Jeffrey’s website. I read he had once also been falsely accused which motivated him to become an attorney. After further reading, his philosophy appealed to me so I set up a free session.

I met with Jeffrey and told him what happened. He explained the alleged crime and potential consequences and then spoke about himself and his approach. I spent more time than the “free time” allocated but was never rushed. He listened, believed me and was really genuine as I had not witnessed before with other attorneys.

By the time we finished talking, I felt respected and not disrespected as I found out with this accusation, you are guilty until proven innocent from most everyone’s perspective. I hired Jeff on the spot and when I left his office, I felt this big burden lifted off my shoulders as I knew I could trust him to do his best for me. I was finally able to sleep that night and after several weeks able to put this out of my mind as being the constant main focus.

If you are seeking a very knowledgeable, trustworthy, caring, honest and respectful attorney, Jeffrey fits the bill. He is a great listener and never rushed me even with a flat fee rate. He has a good rapport with the Court who also respectfully listens to him. He is well spoken in the courtroom. I have seen him in several cases reaching very good settlements for his clients. On my case, he provided me his opinion with his rationale as to how I should proceed but allowed me to then make a decision as to go to trial or take a plea bargain. He would fully support my decision either way. Jeff is very good in providing the pros and cons, risks, and potential scenarios that may play out. My case will be dismissed shortly and record sealed as a result of Jeff’s hard work, negotiations, poking holes in the accuser’s story pre-trial, and dedication to my satisfactory case resolution. If you want the best, look no further as you have found him. Thank you Jeff!

— David C.

My Heart Was Ripped Out, Wolf Law Showed Compassion

In early March, my heart was seemingly ripped out. I was driving into town with my two children, 5 and 2, in extremely inclimate weather conditions when my car hit a patch of ice and I lost control of my vehicle. It was a horrific accident and I was the only survivor in my vehicle. As if this wasn’t the worst thing that could have ever happened, I was charged with careless driving resulting in death, two counts. I was referred to Mr. Wolf by four separate law offices, as well as the BAR Association. The District Attorney’s office attempted to raise my charges to much more serious felony charges that could have carried very harsh sentences. Mr. Wolf was able to maintain the original charges and speak compassion and mercy to the the judge, leaving me facing only community service and a short probation with minimal associated probation costs. I would recommend his services to anybody and everybody. Not only is he incredibly knowledgeable, but he is passionate about his work, while showing the utmost compassion and respect for his clients’ situation.

— Jamie

Deferred Sentence, Sealed Record For Pot Possession

In July of 2009 I was charged with possession of marijuana. I contacted Jeff with Wolf Law and worked with him to find my best options. Jeff was very knowledgeable, honest and professional. He worked quickly and effectively to get me a deferred sentence and ultimately seal the record of this infraction. I also had a prior charge that was many years old that was also a deferred sentence. Jeff worked to seal that record in order help maintain my privacy. I now have used this ability to change my field of work and pass a background check with no infractions visible on my record. My life is moving onward and upward due to the help that was provided by Wolf Law. Thank You Jeff!

— John

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