Driving under the influence of drugs and alcohol is illegal in the State of Colorado. The penalties for a DUI of drugs is slightly different from an alcohol-related driving under the influence charge. If convicted for a drug DUI, individuals could face harsh penalties such as jail time, loss of license, and costly fines. You do not need to fight the charges alone. Jenn and Justie at Nicol Gersch Law are here to take on your case. We have the knowledge, resources, and tools to handle the legal aspects of your case.
If you have been arrested and charged with driving under the influence of narcotics, a Colorado Front Range DUI drug lawyer could help you fight the charges. They will work diligently to help you build a strong defense. Reach out to a tenacious DUI attorney to learn about your legal options.
Drug-related impairment is different from alcohol impairment. Drug-related charges can be difficult because it is hard to pinpoint when a person is actually impaired. The government has tried to set levels of impairment. For example, if a person is prescribed anxiety medication and has been taking it for two years, that person is going to build up a tolerance to that medication. The amount that would cause them to be impaired may be different for another person because they have grown accustomed to their medication.
The same idea holds true with marijuana. A chronic user will build up a tolerance. The level that it would take the chronic user to get high is going to be a lot higher than someone who smokes marijuana for the first time. The knowledgeable Colorado Front Range DUI drug lawyer has to determine the person’s personal situation and use that to build defense strategies to fight DUI drug-related impairment charges.
There are not many differences between the penalties for drug DUI and alcohol-related DUI offenses. The only thing that differs is the driver’s license consequences. If an individual is convicted of a DUI on a first offense, whether it is for alcohol or drugs, they are going to lose their driver’s license. However, they are not going to have a DUI express consent hearing with the Department of Motor Vehicles (DMV) hearing up front like they would with an alcohol charge.
If they are under the influence of medication, marijuana, or some other drugs, there is no level to measure. For example, when it comes to alcohol-related DUI offenses, individuals whose blood alcohol level is 0.08 or above they are considered legally impaired. With drug DUI offenses, there is no level that the DMV can look at. However, if they are convicted of a DUI, whether under the influence of alcohol or drugs, individuals will still lose their license at the end.
The DUI and driving while ability impaired (DWAI) statutes do not specify the difference between Drug DUI offenses regarding prescription drugs. It has to be proven that the individual is substantially incapable of operating a motor vehicle while under the impairment of alcohol or drugs. If they are substantially incapable, whether it be under the influence of alcohol or prescription medication, individuals should not be driving.
For DWAI, an impairment is defined as their ability to drive or operate a motor vehicle is impaired to the slightest degree. If individuals are under the influence of a certain medication, they should not have this level of drugs in their system. An expert could testify that their medication could cause impairments. It does not matter if it is an illegal or prescribed drug. If they are impaired or under the influence and the prosecution will be able to prove it.
Benadryl, cough syrup, and other over-the-counter medication are also considered drugs. If it impairs a person, that will show up on a blood test, and there is a chance that they could be convicted of driving under the influence of drugs (DUID). A skilled attorney who handles cases throughout the Colorado Front Range could review the evidence and build a solid defense to help mitigate the charges or help them avoid a conviction.
When an individual is charged with a DUI, it is important to talk to an attorney as soon as possible. Many cases are defendable due to a number of factors such as a person’s tolerance and how long that person has been on that prescribed medication. Individuals should not speak to law enforcement without having legal counsel present. The less that person talks about what is going on, the better it is going to be for an attorney to help them in the end. Let Justie and Jenn help you fight the charges.
Speak to a Colorado Front Range DUI drug lawyer to get started building your defense. Call Nicol Gersch Law today.