DUI with THC

“For a misdemeanor DUI, that can be anything from you actually having alcohol or THC, so marijuana, in your system. You can even get a DUI for having prescribed medication. So a lot of people think hey, if I'm taking my prescriptions even if you're taking them the way you're supposed to be, you can't get a DUI. The problem is that's not completely true.”

“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."”

“So, misdemeanor world you have DUI alcohol, DWAI alcohol, and then you have DUI with THC, that five nanograms, and technically the district attorneys can also file charges for you to have a DWAI for THC if it's under the five nanograms. Now that is a little bit of a stronger case for us because we can combat that a little bit with research that's come out from Boston, Massachusetts and a couple of other places. But those are what you're looking at for misdemeanor levels.”