With the legalization of marijuana, Colorado law enforcement has taken a much more aggressive stance on driving under the influence of drugs (DUID). Beginning in 2013, Colorado law has set some of the toughest limits for DUID, and you should not take this charge lightly.
If you are asked to take a blood test because an officer believes you are high or stoned on marijuana or any other drug, you could get charged with a DUID. Scientifically speaking, if you get a result of 5 ng or greater of THC in your blood, Colorado law declares that there is a permissible inference that you are DUID. This can spell big trouble for your freedom and your driver's license.
Take your defense seriously. Contact the serious lawyers at Shazam Kianpour & Associates, P.C., in Denver, and we will begin protecting your rights and explaining them to you immediately.
I Have Been Charged With a DUID. What Now?
Beginning in 2010, Colorado DUI law changed in a very big way. Offenses committed after the 2010 effective date face stiffer, mandatory penalties, removing the ability for judges to utilize some discretion in the sentencing of multiple offenders.
First-time offenders face between five days and one year in jail. Fortunately, the five days is not mandatory for a first-time offender, which means that the judge may decide to just give him or her probation.
A second DUI or DUID results in a mandatory minimum 10 days in jail and a maximum sentence of one year in the county jail. A third or subsequent offense can result in a mandatory minimum 60 days in jail that you cannot serve with home detention.
If I Am Found Guilty, Can I Get Probation Instead of Jail?
Usually the answer comes down to whether you have any prior DUI or DWAI convictions or not. If you are a first-time offender or you have only one prior, with the right DUI lawyer, most judges tend to want to give you another chance.
But be prepared, DUI probation is hard, and a judge is not going to think it is funny if you show up with a marijuana card and claim that you have a constitutional right to smoke weed. Let our lawyers help you. We have handled these tough cases before and know how to argue the science and the math to the people who are trying to put you in jail.
There Is No Way to Avoid Jail. Am I Right?
It is tough to tell whether you will be serving out a jail sentence or you will be given another chance on probation. Despite the harsh mandatory laws, there is still hope. Not every district attorney's office and county court has a "put you away" mentality.
Some courts are willing to look at the mitigating factors like the alcohol and drug classes that your DUI lawyer has convinced you to sign up for and begin. Other courts may not be willing to be as flexible. A DUID in Douglas County Court may not be subject to the same sentencing policies as Denver County, El Paso County, Jefferson County, or any others.
Get Attorneys Who Are Willing to Fight on Your Side
You will need a good DUID attorney to fight this fight for you and find out where the dust settles.
Get with the DUI law firm in Denver that has the skill set, over 20 years of combined DUI experience, and the tenacity and aggressiveness to pull you through these tough times. We care for your future and family, and we will prove it to you from the moment you speak to us. Shazam Kianpour & Associates, P.C., can be reached any day at 303-578-4036 for a free consultation immediately!