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What To Know About Driving High In Colorado From a Denver DUI Defense Lawyer

February 21, 2018

In 2012, Colorado voted in favor of recreational marijuana. The green rush that has occurred since then has been a boon to the local economy, but it has also created a series of important legal questions that have since needed to be answered. While recreational marijuana has increased personal freedom, it also has increased the degree to which a person is responsible. That’s why it’s important to understand the current driving while high laws, with the help of a Denver criminal lawyer.  

How much is too much?

In regards to new driving while high laws, the total amount of THC that is present in your bloodstream can be no more than 5 nanograms. The guidelines state that although the police can charge you with driving under the influence for this small amount, they make their determination of intoxication based on observed behavior.

Even if you are a patient who has received their medical marijuana card and has a current prescription, you can still be charged with a DUI if you have noticeable levels of marijuana in your system and are displaying signs of being high.

Police officers will assess your level of intoxication by examining how much of this substance is presently in your bloodstream. Although this test has been shown to be unpredictable in determining how intoxicated a person is, this is the current way police determine if you are legally too high to drive.

Where can you have marijuana and paraphernalia?  

The legal possession of marijuana allows for an individual to travel with pot on their person. But it is important to understand that you are not able to have marijuana and paraphernalia in the passenger area of a vehicle. You must have it stored in the trunk or another location away from being readily accessible.

If it is determined that you have been using marijuana in the passenger area of your car, you may be charged with an open container violation, and police may look to pressing additional charges as well.

Driving with Marijuana with Children Present

Current laws allow for police officers to charge individuals with additional criminal charges if children are present. Although marijuana affects each individual differently depending on the amount consumed, the state of Colorado allows for this to be used to charge people with a much more serious offense.

Although marijuana is now legal and readily available to citizens of Colorado, it is important to be aware of the current legal environment that currently exists around this controversial plant. There are still a variety of ways that possession and use of this plant can get an individual into serious legal trouble if they do not take the correct precautions.

If you have recently been charged with a driving while high offense or know someone who is in need, contact the law offices of John L Buckley today. We work tirelessly to ensure your rights are defended, and we guarantee the best possible representation for your individual situation.