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Colorado Considering Marijuana DUI Law
Colorado legislators are considering a bill that would set a blood level of 5 nanograms of THC as the point at which a driver would be legally presumed impaired from smoking marijuana .
April 01, 2011 /Law Enforcement PR News/ -- All 50 states use the blood alcohol level of 0.08 percent as the point at which you are presumed impaired to operate a motor vehicle. At one time, most states utilized 0.10 percent, but after years of research, most experts agreed that a lower percentage was more representative of the level at which a majority of drivers are impaired for driving purposes. In addition, states complied with the 0.08 level largely in response to the threat of receiving fewer federal transportation dollars for noncompliance.
Officials across the country have sought to find a comparable minimum level for drugs such as marijuana. Colorado legislators are considering a measure that would establish five nanograms or more of THC -- pot's psychoactive element -- as the amount giving rise to a similar presumption of legal impairment.
The Colorado bill leaped its first hurdle on March 23 when the state House of Representatives passed the measure. Two days later it was introduced in the state Senate where it was referred to the Judiciary Committee.
Colorado may be entering largely untested waters.
A so-called zero-tolerance approach has been adopted in twelve states. These laws do not allow any amount of an illegal substance in the blood, meaning it is unlawful to be behind the wheel with even a trace (Minnesota does not include pot).
Only three states -- Ohio (2 nanograms), Nevada (2 nanograms) and Pennsylvania (5 nanograms) -- have any type of law similar to what Colorado is considering.
The Seattle Weekly News, however, cites an international scientific study that concludes that a much higher level of THC -- 18 to 20 nanograms -- would in fact be more equivalent in level of impairment while driving to someone with a blood-alcohol level of 0.08.
What About Legal Medical Marijuana Users?
A major issue in Colorado is that the state does permit legal medical marijuana. Medical-marijuana advocates argue that setting an illegal driving level for marijuana would be too arbitrary as well as target medical marijuana users. Critics of the bill also feel that regular medical smokers may have higher tolerance levels before their driving is impaired.
The bill's sponsors assert in response that the law would only set a THC blood level that presumes a person is impaired. An individual would be able to rebut that presumption in court with other evidence like regular medicinal use. Also, there is no provision for sobriety checkpoints to test drivers for marijuana. Checkpoints may test drivers for alcohol by using preliminary breath-test devices that can measure blood alcohol levels. No such equipment exists for suspected marijuana use, although an officer who suspects drug use can request that a driver take a blood test.
In addition, no person would be stopped unless he or she exhibited signs of impaired driving or had violated a traffic law. The proposed law would also allow a person to drive after using medical marijuana, so long as the individual was able to drive unimpaired. Whether or not the law passes, if you are stopped on suspicion of impaired driving by drugs or other substances, be sure to consult an experienced criminal defense attorney as soon as possible to preserve your rights and build your defense.
Article provided by Fife, Mangnall & Mossinghoff PC
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