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Legal concept

DUI Per Se

Being charged based on being absolutely over the legal limit; the THC five nanogram presumption does not establish DUI per se.

What Right Law Group attorneys say

Now then the question comes, well what about weed? It's legal here in Colorado. There's a presumption that the law allows now for the DAs to use, and they have a presumptive five nanograms of THC in your bloodstream at which they equivocate that, or make it equivalent to the 0.08. Now the 0.08 in alcohol terms has been proven, it's scientifically studied that is a definitive hard line. The presumption for THC of five nanograms in your system is a little softer, so it doesn't mean that if you definitely have it then you can be charged with DUI per se, meaning you're absolutely over that limit. But the DAs can use that information and say "Well, it's the same kind of level as if you were at the 0.08."
Alexis Austin Litle · Right Law Group's Criminal Defense Attorney, Alexis Austin: Different Types of DUI charges in COWatch clip ↗

Frequently asked questions

Can I Keep my CDL With a DUI?

Right Law Group's guide explains: "If you have a commercial driver’s license (CDL) in Colorado, losing your CDL for any length of time can be career-ending."

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Can I Really Get a DUI on a Bike?

Right Law Group's guide explains: "In recent years, bicycling has transitioned from a fun activity to a serious mode of transportation. Just as with drinking while driving, drinking while cycling has become a law enforcement challenge."

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Colorado DUI Laws: Know What To Expect

Right Law Group's guide explains: "Colorado DUI Laws : DUI Charges, DUI Penalties, & More in Colorado Your License Will Be AUTOMATICALLY Suspended in 7 Days."

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DUI Jail Time: How Much Jail Time for DUI Charges in Colorado?

Right Law Group's guide explains: "What does DUI jail time look like? How much jail time do you get for a DUI in Colorado? These are always the first questions a lawyer will hear."

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Is DUI A Felony In Colorado? Felony DUI Laws & Penalties (2026)

Right Law Group's guide explains: "If you or a loved one have been arrested for a DUI in Colorado , you may be wondering what penalties you’ll face and how you’ll be charged."

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What Is A DUI?

Right Law Group's guide explains: "What Is A DUI? Facing Charges? A DUI can have lasting consequences that negatively affect your life and future plans. What is a DUI and what does that mean for my future?"

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When is it Possible to Have an Early Interlock Removal?

Right Law Group's guide explains: "If you recently had an ignition interlock device installed in your vehicle, you may already be counting down the days until you can drive freely once again."

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Each answer links directly to the source where a Right Law Group attorney addressed this question.

7 answers grounded in Right Law Group sources

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What clients say

The situation

a DUI case

What changed

knows the law and helps represent you to the best of their ability

The result

helped me get a DUI case dismissed in El Paso county

Jason M. Zoe Levesque★★★★★Google verified
The situation

pulled over in Manitou Springs and accused of a DUI… even though I was completely sober!

What changed

They took the time to hear me out, review every detail of my case, and make sure I was never left in the dark

The result

Dismissed at the DMV hearing, and dismissed in court

Dylan R. Zoe Levesque★★★★★Google verified
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