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“So when you're looking at DUIs, there are two levels now in Colorado: there are the misdemeanor DUIs and then there's felony level DUIs.”
“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.”
“So let's take Ambien for example. Ambien is, I'm sure a lot of you have heard, people take Ambien and then they'll wind up downstairs raiding the kitchen fridge, eating a whole bunch of stuff and not remembering it. That's one of the dangers with Ambien is it's one of those more powerful prescription medications. So I've had clients who have actually come and been charged with DUI for having an Ambien in their system, even though it's a prescribed medication, even though we show that they are allowed to have that in their bloodstream, it means that you can still be impaired.”
“So first you have DUI, which is driving under the influence. So I'm sure a lot of you have heard about the 0.08 standard. What that is, is there's a presumption in the state of Colorado that if your BAC, or your blood alcohol content, is at point 0.08 or above then you are driving under the influence of alcohol.”
“The common misconception, though, is people think well, if I'm under that 0.08 then I'm fine. For the DUI you are, but the problem is in Colorado we also have what's called a DWAI, that's driving while ability impaired. For DWAI, it's not where you're driving so that you're so impaired that you can't maybe function, or get home to the level you are at a DUI, but driving while ability impaired means that you're impaired to the slightest degree. And that's still a crime here in Colorado. So, driving with any kind of impairment whatsoever is not a great idea, let's just put that out there. But legally if you are at a 0.05 to a 0.08 you can be criminally charged for driving while ability impaired.”
“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."”
“The other type of DUI you can have in Colorado is you can have a DUI with no blood or no THC or nothing, which is what happens when you refuse a blood or breath test. When you refuse a blood or a breath test you still have the DUI, but usually you're gonna be charged with a DUI just straight up and you don't have that opportunity to have a possible DWAI. You're also going to have implications on the DMV side of things where you lose your license.”
“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.”
“Finally what we have in 2014, the legislation made it a felony offense for you to have a fourth DUI. Here's the trick with that, and this is where a lot of my clients get confused so I want to lay this out for you. In the state of Colorado if you have been charged with a DUI for the fourth time, anywhere, nationwide, that is a felony offense. So what that means is, say you have, back when you were like 19 or 20, you got a DUI in Florida. And now you're in your 30s or 40s, and you've had a couple other things happen here in Colorado but you think it's only your third DUI here in Colorado. If you have that DUI back in Florida, the DAs can find that information and prove that you have a conviction, if they can prove it. Then that counts as another DUI.”
“So it's not just DUIs gotten here in Colorado, it's DUIs nationwide, anytime. The other issue is, is they include everything. They include DUIs, they include DWAIs, and some judges will even consider a deferred sentence DUI as that necessary threshold to prove a prior driving under the influence offense and they can use that to get you on a DUI felony offense.”
“So when you're looking at DUIs, there are two levels now in Colorado: there are the misdemeanor DUIs and then there's felony level DUIs.”
“driving while ability impaired means that you're impaired to the slightest degree. And that's still a crime here in Colorado.”
“Finally what we have in 2014, the legislation made it a felony offense for you to have a fourth DUI.”
“So, driving with any kind of impairment whatsoever is not a great idea, let's just put that out there.”
“So the key in this is, when you're driving in Colorado, number one: don't drink and drive, obviously. Don't smoke and drive, don't take prescribed medication that's gonna mess up your brain and cause you to be impaired in some way.”