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Will a Red Card Get You Out of a Marijuana DUI in Colorado?

06/20/14 7:59 AM

Marijuana DUI’s in Colorado

As things are rapidly changing with the use, possession, and enforcement of marijuana laws in Colorado there tends to be a lot of misinformation about Marijuana DUI’s.  The first misconception is in regards to red cards or a medical marijuana recommendations.  Have a valid medicinal marijuana card is not a get out of a DUI free card. Showing or telling the officer you have a red card would most likely get you arrested, charged with a Marijuana DUI and you could go straight to jail.  This is because if you tell the officer you have a red card, the next logical question would be if you recently smoke or ingested any marijuana.  Admitting to using marijuana hours before the stop could give the officer enough probable cause to arrest you for suspicion of driving under the influence of Marijuana.  Click the following line for more information on Drug DUI in Colorado.

Even if you have a valid Red Card that is not a defense to a Marijuana DUI.  The law is clear, if you are too impaired to drive due to drugs, alcohol, or marijuana, you should not be operating a vehicle.   Most cops tend to treat marijuana just like alcohol, any amount in your system would impair your ability to drive.  The problem with this type of thinking is that unlike alcohol; just having some TCH in your blood does not correlate to impairment as it relates to a Marijuana DUI.  TCH can stay in your blood or body tissues for months after use.  There have been documented studies that have shown TCH in someone’s body for as long  as six months. This is not true for everyone and one of the difficulties with Marijuana DUI prosecution is that each person will metabolize and eliminate marijuana at a different rate, there is no consistent.

You Must Submit to a Blood, Urine, or Saliva Test if You Are Arrested for Marijuana DUI; or You May Loose Your License

If you are arrested for suspected Marijuana DUI,  you must submit to either a test of your blood, urine, or saliva and it is not your choice; but the officer’s choice. If you refuse such a test, your license may be revoked by the DMV. After the test and immediately upon release, contact a DUI attorney in your area to start them working on your defense.  Marijuana DUI’s are very specific type of cases that need a skilled and knowable attorney.

We hope that this post on Red Cards and Marijuana DUI’s was helpful to you. Should you have any questions or like a free consultation with Ms. Schmidt, please contact us directly at (303) 747-4686 or by clicking here.

Posted by Laurie Schmidt | in Drug DUI, DUI arrest, DUI laws, DUI Post, Marijuana DUI | Comments Off on Will a Red Card Get You Out of a Marijuana DUI in Colorado?

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