Can You Get a DUI in Colorado for Being High the Next Day? Understanding Marijuana Metabolites
Recreational marijuana is legal in Colorado, but that doesn’t mean you’re free from legal consequences when you drive after using cannabis.
In fact, many drivers are surprised to learn that they can face a THC DUI in Colorado even if they haven’t used marijuana for hours, or even since the day before.
Understanding how marijuana metabolites work and how Colorado enforces drugged driving laws is essential for anyone who uses cannabis medically or recreationally.
How Colorado Handles Marijuana DUIs
In Colorado, driving under the influence doesn’t just apply to alcohol. The state has strict laws against drugged driving, including impairment caused by marijuana. Under Colorado Revised Statutes § 42-4-1301, it is illegal to operate a vehicle while under the influence of alcohol, drugs, or a combination of both.
For marijuana, Colorado law sets a permissible inference level of 5 nanograms of THC per milliliter of blood. If a blood test shows this amount or more, prosecutors may infer impairment. However, this is where things get complicated because THC behaves very differently from alcohol in the body.
THC and Marijuana Metabolites: Why Timing Matters
Unlike alcohol, which metabolizes relatively quickly and predictably, THC lingers in the body long after the effects wear off. When you consume cannabis, the psychoactive compound delta-9-tetrahydrocannabinol (THC) enters your bloodstream.
So while the “high” may only last a few hours, THC is broken down into metabolites, some of which can remain detectable in your system for days or even weeks.
This raises a critical issue because you can test above the legal THC limit even if you’re no longer impaired. This is especially problematic for regular cannabis users, whose bodies may retain residual THC longer than occasional users.
So, can you get a DUI in Colorado for being high the next day? Unfortunately, yes. Even if you feel completely sober, if law enforcement suspects impairment and your blood test reveals THC levels at or above 5 nanograms, you could be charged with a THC DUI in Colorado.
Proving Impairment—More Than Just a Blood Test
While the 5-nanogram threshold gives prosecutors an advantage, it does not automatically mean guilt. Colorado law enforcement typically relies on several factors to build a Colorado Springs drugged driving case:
- Observed behavior: Swerving, erratic driving, or failure to obey traffic laws.
- Field sobriety tests: Standard tests designed for alcohol impairment but still used in drug cases.
- Drug Recognition Experts (DREs): Officers trained to detect drug impairment signs.
- Blood test results: Showing THC concentration.
These methods are far from perfect, especially in marijuana-related cases. Field sobriety tests are not tailored to cannabis impairment, and DRE evaluations are subjective.
However, the presence of marijuana metabolites does not necessarily indicate that a driver was impaired at the time of arrest. This is where an experienced defense attorney becomes critical to protect your rights.
Legal Defenses Against a Marijuana DUI in Colorado
Facing a Colorado Springs cannabis DUI based on residual THC can feel overwhelming, but there are several potential defenses.
Challenging the Blood Test
THC levels can vary widely depending on metabolism, frequency of use, and body fat. A skilled Colorado Springs DUI defense lawyer can argue that your THC concentration reflects past use, not impairment while driving.
Questioning the Traffic Stop
If law enforcement did not have reasonable suspicion to pull you over or lacked probable cause for a blood test, any evidence gathered could be suppressed.
Attacking Field Sobriety and DRE Evaluations
These assessments are often unreliable in cannabis cases. Demonstrating their flaws can weaken the prosecution’s argument.
Medical Marijuana Use
If you are a registered medical marijuana patient, your body may naturally maintain higher baseline THC levels. This can be used to explain residual THC without implying impairment.
At The Bussey Law Firm, P.C., we understand how to navigate these complexities. Timothy Bussey, with over 30 years of legal experience and specialized forensic knowledge, has successfully defended countless clients against unfair DUI charges.
The Unique Challenge for Regular Cannabis Users
Both recreational and medical cannabis users face a unique risk in Colorado. Because THC is fat-soluble, it accumulates in the body over time. This means that you could still exceed the legal THC limit even if you haven’t consumed marijuana for 24 hours or more.
If you’re wondering how to protect yourself from a DUI for weed the next day, consider these tips:
- Know your usage patterns. Understand how long THC tends to stay in your system.
- Avoid driving if unsure. When in doubt, wait longer before getting behind the wheel.
- Be aware of law enforcement practices. Police in Colorado Springs and beyond are vigilant about enforcing drugged driving
Consequences of a THC DUI in Colorado
A conviction for a marijuana-related DUI carries serious penalties, including:
- Fines
- License suspension
- Community service
- Mandatory drug education classes
- Potential jail time for repeat offenses
Moreover, a DUI conviction can impact employment, insurance rates, and your personal reputation. That’s why fighting these charges aggressively is essential.
Speak with a Colorado Springs DUI Attorney Today
Don’t let a Colorado Springs cannabis DUI derail your life, especially when the evidence is based on outdated interpretations of THC levels. If you’ve been charged with a THC DUI in Colorado, especially due to residual marijuana metabolites, you need a defense team that understands science and the law.
At The Bussey Law Firm, P.C., we don’t take a one-size-fits-all approach. With decades of experience and extensive forensic knowledge, our legal team is committed to protecting your rights and your future.
Call (719) 475-2555 today to schedule your free consultation and let us start building a strong defense for you.
