Tag: Driving under the influence

Everything You Need to Know About Driving Under the Influence of Marijuana

Everything You Need to Know About Driving Under the Influence of Marijuana

Many people assume that because recreational marijuana is legal in Colorado, there are no consequences for using it. However, it is illegal to operate a vehicle while under the influence of any type of drug, even marijuana. Here’s what you need to know about the crime of driving under the influence of marijuana:

What is the Legal Limit?

If your blood-alcohol concentration is above the legal limit of 0.08%, you can be arrested for DUI of alcohol. But, what is the legal limit for marijuana? The law states that drivers with five nanograms of THC in their systems can be charged with DUI of marijuana. A blood test must be performed in order to determine the level of THC in a driver’s system.

There are several issues with the legal limit for marijuana. First, the law requires police officers to test a suspected drunk driver within two hours. However, there are no time limits in place for drivers suspected of being under the influence of marijuana.

Another issue with the legal limit is the limit itself. Everyone’s body processes marijuana differently. For example, someone who smokes marijuana on a regular basis may build up a tolerance to the drug. This person may not be intoxicated with five nanograms of THC in his blood, yet the legal limit still applies.

Are Medicinal Users Exempt From These Laws?

It doesn’t matter whether you are a recreational or medicinal marijuana user—you cannot drive while under the influence of marijuana. A medicinal user will not be treated any differently than a recreational user in this case.

What Are the Consequences?

Drivers who are under the influence of marijuana face the same consequences as drivers who are under the influence of alcohol. The criminal case will be handled by the county court, whereas the administrative case is handled by the Department of Motor Vehicles (DMV). In county court, the defendant will find out if he faces any criminal penalties such as fines, jail time, community service, and probation. On the other hand, the DMV will only rule on whether the defendant should lose his driving privileges or not.

Have you been charged with DUI for marijuana? If so, seek legal representation from Reisch Law Firm today. Our criminal defense attorneys will defend your rights and fight to protect your future. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

What is Expressed Consent?

What is Expressed Consent?

Anyone who operates a motor vehicle in the state of Colorado needs to be familiar with expressed consent laws. If you’re not familiar with expressed consent laws, it will be difficult to defend your rights if you are ever suspected of driving under the influence (DUI) of alcohol or drugs.

What is Expressed Consent?

The law states that all drivers that operate motor vehicles in Colorado must consent to chemical testing if they are ever arrested by a police officer who has probable cause to believe they are intoxicated. Drivers who are believed to be under the influence of alcohol must consent to either a blood or breath test, while drivers who are believed to be under the influence of drugs must consent to a urine test. This law is referred to as “expressed consent” because it is assumed that any driver who operates a vehicle in Colorado has consented to these terms.

In most cases, drivers that are suspected of being under the influence of alcohol will get to choose between a blood or breath test. But, be sure to choose carefully. Changing your mind and asking for the other test can be considered a refusal. The test must be performed within two hours of the arrest or the results may not be valid.

What Are the Penalties For Refusing A Test?

There are penalties for refusing to consent to a chemical test. First-time offenders will have their driver’s licenses suspended for a period of 12 months, but this doubles to 24 months if this is the second time you’ve refused to take a test.

Drivers who refuse to take the test could face additional penalties if they are convicted of DUI. Even though a test was never performed, the driver can still be convicted based on other evidence gathered by the arresting police officer. For this reason, it’s important to understand that refusing the test does mean you will not be charged with DUI.

Mandatory Tests

Sometimes, a driver does not have the right to refuse to take a test. For example, if a driver injures or kills someone while he is believed to be under the influence, law enforcement has the right to physically restrain the driver in order to perform a test.

If you have been charged with DUI, seek legal representation from a criminal defense attorney right away. Regardless of whether you refused the test or not, the attorneys at Reisch Law Firm will fight tirelessly for your freedom. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

The Cost of A DUI

The Cost of A DUI

Defendants that are charged with driving under the influence (DUI) are often so concerned about being sentenced to time behind bars that they forget about the other possible penalties of a conviction. The staggering cost of a DUI may take a lot of defendants by surprise. Here are some of the expenses you should expect:

Alcohol Education Classes

After a DUI conviction, defendants are typically ordered to complete a certain number of hours of alcohol education classes. These classes aren’t free, and the defendant will be expected to foot the bill. Depending on the number of hours that you are ordered to complete, alcohol education classes could cost between $150-$1,000.

Ignition Interlock Device Rental

DUI defendants will also be ordered to install an ignition interlock device on their vehicles after regaining their driving privileges. The cost of renting an ignition interlock device will vary depending on the length of time you are required to use one. It’s estimated that this will cost between $480-$1,460.

Fines

Defendants who are convicted of DUI may be ordered to pay fines as a penalty for breaking the law. First-time DUI offenders should expect to pay between $600-$1,000, but this number will be higher for repeat offenders.

Car Insurance Rates

Most DUI defendants are surprised to learn that their car insurance rates will increase drastically after a conviction. Why? DUI offenders are considered high-risk drivers, which means insurance companies will charge them more for coverage. Unfortunately, DUI offenders will remain in the “high-risk” category for up to five years after their conviction. Over this time period, DUI offenders should expect to pay thousands of dollars for their insurance coverage.

Other Minor Expenses

There are a number of other minor expenses that DUI defendants will have to pay. For example, defendants are required to pay a $26 court fee. Defendants will also have to contribute $15 to the brain injury fund, $33 to the victim compensation fund, and $78 to the victim assistance fund. DUI offenders are required to pay a chemical testing fee of around $90, which covers the cost of the blood, breath, or urine test that was performed after their arrest.

Avoid the costs of a DUI by working with a criminal defense attorney who can fight the charges that have been filed against you. If you have been charged with DUI, contact the experienced criminal defense attorneys at Reisch Law Firm today. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.