Driving Under the Influence of Drugs Defense Lawyer in Colorado
Driving under the influence (DUI) of alcohol or drugs is a crime in Colorado and can carry stiff penalties depending on the circumstances. Colorado has very strict definitions governing what constitutes DUI.
Societal focus tends to fall onto the influence and impairment of alcohol; however, drugs, both medications and controlled substances, are equally dangerous and heavily penalized. If you have been arrested for driving under the influence of drugs, you would be well advised to speak to an experienced Colorado Springs DUI attorney with The Bussey Law Firm, P.C. that can help minimize the effect a drunk driving charge has on your life.
In the Colorado Revised Statute's (CRS) definitions of DUI and DWAI, a "drug" is defined as any of the substances recognized as drugs in the U.S. pharmacopoeia, official U.S. homeopathic pharmacopoeia, national formulary, or other official supplement, that are intended for the cure, diagnosis, mitigation, prevention, or treatment of a disease in humans or animals. Components of any such substances are also considered drugs. A "controlled substance" is defined as a substance, drug, or manufacturing component as identified in the CRS, including marijuana, marijuana concentrate, cocaine, salvia divinorum, and any synthetic cannabinoid.
"Driving under the influence" refers to a substantial inability, mentally and/or physically, to safely operate a vehicle. "Driving while ability impaired" means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, that affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.
Marijuana is still considered a controlled substance in Colorado's Revised Statutes. According to CRS 42-4-1301(1)(e), "The fact that any person charged with a violation of this subsection…is or has been entitled to use one or more drugs under the laws of this state, including…the medical use of marijuana…shall not constitute a defense against any charge of [DUI or DWAI]." Whether the drug is prescription or not, illegal or not, if it affects the driver's ability to operate the vehicle, then he or she may be charged with DUI/DWAI.
If a person is convicted of a DUI of drugs, he or she may be subject to any combination of the following penalties:
- Driver's license suspension;
- Jail time; and
- Successful completion of a court-approved rehabilitation program.
Being arrested for a DUI of drugs in Colorado can be overwhelming and even confusing. An arrest is not the be-all and end-all of your case. Timothy R. Bussey, a skilled Colorado Springs DUI defense attorney with The Bussey Law Firm, P.C., will protect your legal rights and provide you with the aggressive representation you need to avoid unfair judgment. To learn more about having your DUI charges reduced or dropped entirely, contact Mr. Bussey for a free consultation today at (719) 475-2555.
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