Colorado DUI Marijuana Laws
Marijuana is legal according to Colorado State law, so why was I arrested for Driving Under the Influence of Marijuana (DUI Marijuana)? Although it still against the law federally – Colorado State Law allows a person to posses and use marijuana if you are over the age of 21. If you are visiting Colorado you can also possess and use recreational marijuana under Colorado State law only; but you must use it while you are in Colorado. Due to the recent legalization, the government is now on the lookout for DUI marijuana drivers then ever before.
HOW CAN THEY PROVE DRIVING UNDER THE INFLUENCE OF MARIJUANA
Officers must first have a reasonable suspicion of criminal activity to stop your car. This means that the officer must have some facts that you were, are, or about to commit a crime. Some common stops that are valid, but can turn into a DUI marijuana include being stop for expired license plate, non-working taillight, headlight, or blinkers. It is recommended to ensure that all equipment and tags are current and working. Once the officer has a reason to stop you- any observations made of you can and will be used against you.
Police officers are looking for marijuana-impaired drivers during almost any traffic stop. Routinely, officers will be looking for red, watery, eyes or droopy eyelids or if he or she can smell an odor of marijuana. Thus, a good rule of thumb is to never use smoke marijuana in your car. If the officer does or does not see these signs, he or she would most likely ask if you have used alcohol or marijuana recently. Any admission of recent use along with the signs and symptoms described above would most likely give the officer probable cause to request a blood, urine, or salve test.
An officer needs to have probable cause to believe that you are driving under the influence of marijuana (DUI Marijuana). This means that the officer must have facts to support his or her assertion that you were driving under the influence of marijuana. If there is no probable cause, any resulting TCH results may not be used against you. Officers develop probable cause by your admission of recent marijuana use, any order or marijuana, and any performance on field sobriety tests (that have not been verified by any authority). You are with in your rights to NOT answer any questions or perform any field sobriety tests. Cooperating with the officer will most likely result in more evidence for the government to use against you. Best practice would be to politely tell the officer you do not wish to answer any questions or preform any test. You are going to be arrested regardless if you participate or not.
If you or someone you know have been arrested for Driving Under the Influence of Marijuana (DUI Marijuana) click here for a free case evaluation or call us at (303) 747-4686. Denver DUI Attorney Laurie A. Schmidt will take the time to explain your options and expectations in the upcoming criminal matter.