Colorado State Patrol issued a press release January 12, 2013 warning drivers that it is still against the law to drive under the influence of marijuana.  Although Colorado Governor John Hickenlooper signed Amendment 64 into law December 10, 2012, driving under the influence of marijuana puts all drivers at risk.  Possession and personal use of even limited amounts of marijuana and driving don’t mix.

Amendment 64 Section 16 (6)(b)

NOTHING IN THIS SECTION IS INTENDED TO ALLOW DRIVING UNDER THE INFLUENCE OF MARIJUANA OR DRIVING WHILE IMPAIRED BY MARIJUANA OR TO SUPERSEDE STATUTORY LAWS RELATED TO DRIVING UNDER THE INFLUENCE OF MARIJUANA OR DRIVING WHILE IMPAIRED BY MARIJUANA, NOR SHALL THIS SECTION PREVENT THE STATE FROM ENACTING AND IMPOSING PENALTIES FOR DRIVING UNDER THE INFLUENCE OF OR WHILE IMPAIRED BY MARIJUANA.

Colorado has yet to determine the legal limits of marijuana impairment.   There is no breathalyzer or blood test on scene to administer.  If a driver has been stopped for suspicion of driving under the influence and it is due to marijuana use, the trooper or police officer will conduct a field test by evaluating the driver’s motor skills and stability.   Until law makers decide the legal limits a driver may be held on a DUIDrugs Per Se.

Colorado State Patrol Chief Colonel James Wolfinbarger states, “Drivers must realize that if you are stopped by law enforcement officials and it is determined that your ability to operate a motor vehicle has been affected to the slightest degree by drugs or alcohol or both, you may be arrested and subjected to prosecution under Colorado’s DUI/DUID laws.  It is imperative that everyone takes responsibility for public safety when driving on Colorado’s highways.”

Don’t smoke and drive and don’t get into a car with a driver that is under the influence of drugs or alcohol.    Small amounts of marijuana are legal in Colorado but driving impaired is illegal.   

If you are charged with a DUI Drugs or DUI Marijuana, call me, Criminal Defense Attorney Philip M. Smith, 303-333-8900 for a FREE Consultation.

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