Criminal Defense
THC DUI Defense
A marijuana-related DUI charge can threaten your license, your career, and your future. THC DUI cases are complex and highly technical — and convictions are easier than many people realize. Our experienced Colorado defense attorneys fight aggressively to protect your rights and challenge flawed investigations and blood testing procedures.
Understanding Colorado THC DUI Laws
Colorado legalized recreational marijuana in 2012. However, legalization did not change the law prohibiting driving under the influence of drugs. Law enforcement has developed expanded procedures to investigate suspected drug-impaired driving (DUID), including specialized testing and blood analysis.
What Is a THC DUI in Colorado?
In Colorado, driving under the influence means operating or being in actual physical control of a vehicle while substantially incapable of safely operating it due to intoxication.
Intoxication may be caused by alcohol, drugs, or a combination of both.
For marijuana-related cases:
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Colorado law creates a permissible inference of impairment at 5 nanograms of active THC per milliliter of blood
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Drivers may also be charged with DWAI (Driving While Ability Impaired) if their ability to drive is affected even slightly
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Unlike alcohol cases, THC impairment does not follow the same predictable patterns
Because THC affects individuals differently, these cases often require careful scientific and legal analysis.
How THC Differs from Alcohol in DUI Cases
Marijuana and alcohol affect the body in very different ways:
• THC is absorbed rapidly through the lungs when smoked
• Elimination occurs in half-lives rather than a steady rate
• Odor can linger in vehicles long after use
• Blood THC levels do not necessarily reflect current impairment
Because of these differences, marijuana DUI cases are often more technical and require an experienced defense strategy.
Potential Consequences
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Driver’s license suspension or revocation
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Mandatory jail time (for repeat offenses)
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Significant fines and court costs
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Required alcohol or drug education classes
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Ignition interlock device installation
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Increased insurance premiums
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Permanent criminal record
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Immigration consequences for non-citizens
Why Choose
Fuentes & Esquivel
Bilingual Services
Our attorney speaks Spanish fluently. We serve both English and Spanish-speaking clients with the same level of dedication and expertise.
Proven Track Record
Over 38 years of combined experience successfully representing clients throughout Colorado.
Personalized Attention
Every case receives individual attention from our attorneys who truly care about your outcome.
Free Consultations
We offer free initial consultations to discuss your case and explore your legal options.