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Driving under the influence (DUI) of drugs is a serious charge that requires immediate attention from an experienced Boulder drug DUI lawyer. Drug-impaired driving cases are typically more complex than alcohol DUI cases, because evaluating drug impairment is less straightforward than measuring blood alcohol content.
Marijuana legalization has increased drug DUI prosecutions, and the consequences of conviction include jail time, substantial fines, license revocation, and a permanent criminal record that affects your employment and personal life. Always take DUI charges seriously, because the penalties can be costly and enduring. Talking to a DUI attorney as soon as possible could help you assess your best defense options.
State law prohibits driving while impaired by drugs. This applies to all impairing substances, including
Drug DUI charges use different standards from those of alcohol DUI charges, so a skilled attorney could adjust their defense strategy accordingly.
To convict you of a drug DUI, prosecutors must prove you were driving a vehicle while impaired by drugs to the point that you could not operate the vehicle safely. The state follows a reasonable inference law, which states that detecting five nanograms or more of delta-9-tetrahydrocannabinol (THC) per milliliter in the blood is reasonable to conclude driver impairment. However, this is only a permissible inference, not a violation.
Prosecutors often have to rely on officers’ observations. The roadside sobriety tests used for alcohol DUIs are not reliable for drug impairment. Conditions such as tiredness, nervousness, or other factors can impact test performance.
Police often use drug recognition experts (DREs) to evaluate suspected drug impairment through a 12-step protocol. However, these evaluations are subjective and frequently lead to incorrect conclusions about impairment and drug categories. An experienced attorney could challenge Boulder DRE evaluations that support drug-impaired driving charges by exposing their subjectivity, administrative errors, and examiner bias.
Defending drugged driving charges in Boulder requires a strategic approach from your lawyer, such as using the common defense of challenging the legality of a stop. If officers lacked reasonable suspicion to pull you over, any evidence obtained may be inadmissible.
A shrewd lawyer from Petrash Law could also challenge the reliability of roadside sobriety tests and DRE evaluations, which are not scientifically reliable. Officers may not have properly collected, stored, or tested blood or urine samples. Another legitimate defense is that prescription medications taken as directed can sometimes trigger positive THC results.
Your attorney may also argue rising drug concentration, asserting that your drug levels were below the legal limit while driving, but increased by the time testing occurred. They may further assert that observed symptoms resulted from a medical condition rather than drug impairment. Complex marijuana laws mean that the prosecution must prove actual impairment, not just the presence of THC.
When you need a Boulder drug DUI lawyer who understands the unique challenges of defending drug-impaired driving cases and has the experience and resources to fight for the best possible outcome, Petrash Law provides the assertive, skilled representation necessary to protect your rights and your future. Reach out today to discuss your case.