A Charge of DUID Requires a Skilled Litigator

Driving under the influence includes driving under the influence of drugs.  Drug-related driving offenses include driving under the influence includes driving while ability is impaired and vehicular assault. If you have been accused of driving under the influence of drugs, you are facing serious penalties, especially if you have prior DUI or related offenses. You may face high fines, jail time, loss of driving privileges, and more. If you’ve been arrested and charged with DUI, DWAI, or a related offense, contact with DUI Lawyer Lawrence and get the DUI defense representation. Our DUI attorney is in Aurora, but we regularly represent clients in Arapahoe County, Douglas County, Adams County, and the Denver Metro Area.

You should remember that DUI can have secondary charges.  A child being present in the car can result in a child abuse charge.  The possession of a firearm can result in charges for the unlawful possession of a firearm. This is a second misdemeanor case and could result in additional jail, fines, and lose of the firearm.

Legal Meaning of DUI in Colorado

Driving under the influence is the operation of a motor vehicle while your ability to drive is substantial impaired by drugs, alcohol, or a combination of drugs and alcohol. Operating a motor vehicle includes actually driving or being in actual physical control of the vehicle. Colorado law will presume you are substantially impaired if your blood alcohol content is greater than .08. Driving under the influence is an unclassified misdemeanor, and it is defined at C.R.S. 42-4-1301.

How is DUID different from alcohol related offenses?

Alcohol is easy for most people to understand.  It is a common substance that has been used by most people in Colorado.  Drugs are different.  Drugs can come in two forms, legal and illegal.  Legal drugs would include prescription and over the counter medication.  Marijuana, for example, is a legal drug that can impair a defendant’s ability to drive.  Colorado law has set the limit for driving under the influence of marijuana at 5 nanograms.  This is a very low level.

For prescriptions, a defendant will typically need to consult with a toxicologist or other expert.  The first question is going to be what the medication is.  Ambien is a drug that puts people to sleep, any amount of this drug in a person’s system is problematic.  Other drugs could potentially clear a driver’s mind or assist them in safely operating a car.  The first question is always what the purpose of the drug is.  The second question is whether the amount of drug is the person’s system is consistent with the dosage of the prescription.

What is the Punishment for a DUID?

The punishment for a DUID us the same for a DUID.   These types of charges can result in mandatory jail time and probation.  The jail time will be dependent on the amount of prior DUI charges.  Jail can also be on the table if there is an accident or high level of drugs in a defendant’s system.  There is also probation.  Probation will require a defendant to complete level 2 substance abuse treatment, MADD Victim Impact Panel, community service, and monitored sobriety.  In some cases, it would be helpful to start level 2 classes in advance of resolution of the case. 

There is also a potential secondary case involving the defendant’s driving privileges.  Unlike alcohol, Colorado law will not require a revocation of a defendant’s privileges pursuant to express consent.  However, a conviction for a DUID can result in an administrative revocation or points suspension.

Speak with A Qualified DUI Attorney Today

No two DUI cases are the same, and each case and each defendant requires a DUI attorney to tailor a defense to their case and goals. If you are charged with a DUI or DWAI offense is Aurora or the Denver Metro Area, request a consultation today. We are open during regular business hours, and we will stay late and be available on the weekends if necessary. Schedule a free consultation with a DUI Defense attorney from the Lawrence Law Firm.   

If you have questions about, please consult:  Driving Under the Influence of Drugs Defense Attorney (coloradodefenders.com)