Drugged Driving Attorney

Is It Possible To Beat Your Drugged Driving Charges?

Yes, It Is Possible To Beat Your Drugged Driving Charges– But Only With A Top Colorado Springs DUI Attorney Who Brings Results.

Understanding Drugged Driving in Colorado Springs

Drugged driving, the act of operating a vehicle under the influence of drugs, has become a significant legal and public safety issue in Colorado.

With the legalization of recreational marijuana in 2012 through Amendment 64 and the increasing prescription and illicit use of other controlled substances, law enforcement agencies and courts have seen a rise in cases involving drivers impaired by substances other than alcohol.

The Legal Framework

In Colorado, drugged driving is primarily prosecuted under the state’s Driving Under the Influence (DUI) laws. According to Colorado Revised Statutes (C.R.S.) § 42-4-1301, it is illegal to drive a vehicle if a person’s ability to operate the vehicle is substantially impaired by alcohol, one or more drugs, or a combination of both. The statute does not differentiate between types of drugs, meaning both legal and illegal substances can result in a DUI charge if they impair the driver’s abilities.

One of the key distinctions in Colorado’s DUI laws is the difference between DUI and DWAI (Driving While Ability Impaired). While DUI applies when a driver’s impairment is substantial, DWAI applies when a person’s driving is impaired to the slightest degree. This is important because a driver under the influence of drugs might not appear overtly intoxicated but can still face charges if there is any detectable impairment.

For marijuana, Colorado has established a legal limit of 5 nanograms of delta-9-tetrahydrocannabinol (THC) per milliliter of blood. However, it is important to note that exceeding this limit does not automatically result in a conviction; it merely creates a permissible inference that the driver was impaired.

Unlike alcohol, where blood alcohol concentration (BAC) levels provide a more straightforward metric of impairment, the effects of drugs, particularly marijuana, can vary significantly between individuals, making enforcement and prosecution more complex.

Challenges in Enforcement

Enforcing drugged driving laws presents unique challenges compared to alcohol-related DUIs. One of the primary difficulties is the lack of a standardized and universally accepted roadside test for drug impairment. While breathalyzers can quickly measure BAC, no equivalent device exists for most drugs. Instead, law enforcement officers must rely on observational evidence, such as erratic driving behavior, physical signs of impairment, and the driver’s performance on field sobriety tests.

When an officer suspects drug impairment, they may call for a Drug Recognition Expert (DRE) to evaluate the driver. DREs undergo specialized training to recognize the signs and symptoms of drug impairment, including examining the driver’s eyes, muscle tone, and vital signs. However, the subjective nature of these assessments can lead to disputes in court, where defense attorneys may challenge the accuracy and reliability of the observations.

Blood tests are commonly used to confirm the presence of drugs in a driver’s system. However, these tests also have limitations. Unlike alcohol, where BAC can be correlated with impairment levels, the presence of drugs in the bloodstream does not necessarily indicate current impairment.

For instance, THC, the psychoactive component in marijuana, can remain in the body for days or even weeks after use, long after its impairing effects have subsided. This complicates the prosecution’s case, as they must demonstrate not only the presence of the drug but also that it impaired the driver at the time of the offense.

Defense Strategies For Drugged Driving

Given the complexities of drugged driving cases in Colorado, a robust defense strategy is essential. Here are some common defense approaches used by criminal defense attorneys:

Challenging the Traffic Stop: The defense may argue that the initial traffic stop was unlawful if the officer lacked reasonable suspicion or probable cause to believe the driver was impaired. If the stop is deemed illegal, any evidence obtained as a result may be inadmissible in court.

Questioning the Field Sobriety Tests: Field sobriety tests are often used as evidence of impairment, but their reliability can be challenged. Factors such as the driver’s physical condition, environmental conditions, and the officer’s administration of the tests can all be called into question.

Disputing the DRE Evaluation: The testimony of a Drug Recognition Expert can be pivotal in a drugged driving case, but it is not infallible. The defense can challenge the DRE’s credentials, training, and the accuracy of their evaluation, particularly if there were no corroborating signs of impairment.

Contesting the Blood Test Results: The timing, handling, and analysis of blood samples can all be scrutinized. The defense may argue that the sample was contaminated, improperly stored, or tested incorrectly. Additionally, they may challenge the assumption that the presence of drugs equates to impairment.

Medical and Prescription Drug Defenses: If the defendant was taking a prescribed medication as directed by a physician, the defense might argue that they were not aware the drug would impair their ability to drive. Furthermore, the defense could present evidence that the medication did not impair the driver’s ability to operate the vehicle safely.

Arguing Residual Presence: In cases involving marijuana or other drugs that remain in the bloodstream long after use, the defense may argue that the substance was present but did not cause impairment at the time of driving.

Conclusion

Drugged driving is a complex and evolving issue in Colorado, particularly in the wake of marijuana legalization and the increasing prevalence of prescription drug use. For those accused of driving under the influence of drugs, the stakes are high, with potential penalties including fines, license suspension, and even imprisonment.

However, the unique challenges in proving drug impairment also provide numerous opportunities for defense.

An experienced Colorado Springs criminal defense attorney can leverage the nuances of Colorado’s drugged driving laws, the limitations of current testing methods, and the specific circumstances of each case to build a strong defense. Whether by challenging the legality of the traffic stop, questioning the reliability of the evidence, or presenting alternative explanations for the driver’s behavior, a well-crafted defense strategy can make a significant difference in the outcome of a drugged driving case.