Drug Task Force to Consider Marijuana DUI Recommendations
The Colorado Policy Task Force will be considering recommendations on marijuana DUI offenses. Learn more about what they will be considering, and why there is considerable debate over a legal THC impairment

November 09, 2011 /24-7PressRelease/ -- Under Colorado law, drivers are prohibited from operating motor vehicles while under the influence of drugs or alcohol. The legislature has made distinctions between the two offenses (DUI, driving under the influence, and DWAI, driving while alcohol impaired), but a driver is presumed to have committed either offense if blood or breath tests show a blood alcohol level of .08 or above.

For alcohol related offenses, such tests are prominently used. But for marijuana related offenses, no test or standard has been established to determine when a driver is legally impaired. In a report by the Juvenile Justice Information Exchange, a commission has been reviewing the state's marijuana policies to deliver recommendations to Colorado's Drug Policy Task Force in order to determine a legal THC impairment limit while driving.

The commission was formed after House Bill 1261 was defeated last April. The bill proposed a legal impairment limit of 5 nanograms of THC per milliliter of blood in an effort to solidify marijuana-related DUI laws. Colorado's House of Representatives approved the bill, but it lost traction in the Senate Judiciary Committee due to concerns that the 5 nanogram limit was too strict due to the lingering presence of THC after a patient is sober. Essentially, trace amounts of THC can show up in a person's blood even though they are no longer impaired. The lack of evidence linking a specific blood content to marijuana impairment was an important factor.

Also, no immediate chemical tests are available to measure a driver's level of impairment. Law enforcement has to rely on special training to recognize objective signs of recent marijuana use. However, many officers are not drug recognition experts, and may misinterpret signs of intoxication. As such, objective recognition standards will likely be part of the recommendations delivered to the Drug Policy Task Force.

While marijuana DUI laws are not changing soon, drivers can still be charged with a crime. If you have been charged with a marijuana related DUI, an experienced Colorado criminal defense attorney can advise you of your rights and options.

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