DUID Lawyers in Denver
Defending Against Drugged Driving Charges
Colorado may be known for its permissive marijuana laws. Yet, it remains illegal for residents and visitors to have THC – and other substances – in their system when they get behind the wheel. Since many people may not know this fact, an arrest for driving under the influence of drugs (DUID) can catch them off guard.
We are Shazam Kianpour & Associates, P.C., and our attorneys are ready to answer your questions about DUID offenses. With our experience and knowledge, we hope to give you the answers you need.
Frequently Asked Questions About DUID
What are the penalties for DUID in Colorado?
Being convicted of a DUID involves the same penalties as a DUI, which vary depending on factors such as previous offenses and level of impairment. In both cases, you’re facing the threat of fines, jail time (or probation) and points on your license. In some cases, you face the potential loss of your license.
Which is worse, a DUI or a DUID?
As noted above, both offenses are the same in terms of penalties if convicted. DUID cases tend to be more complex and open to subjectivity, which sometimes makes them harder to defend.
Alcohol levels in the body are easy to measure, decrease consistently as a person sobers up and are generally good indicators of a person’s impairment. Drug use leaves evidence behind, but this evidence doesn’t necessarily prove impairment. For example, THC stays in the blood long after a high wears off. If you are a habitual user, you could have enough THC in your blood to be considered impaired, even if you are not actually impaired.
I have been charged with DUID. Now what?
Beginning in 2010, the Colorado DUI laws 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 repeat offenders.
First-time offenders face between five days and one year in jail. Fortunately, five days is not mandatory for a first-time offender, which means that the judge may decide to just give them probation.
A second DUI or DUID results in a mandatory minimum of 10 days in jail and a maximum sentence of one year in county jail. A third or subsequent offense can result in a mandatory minimum of 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 conviction, with the right DUI lawyer, most judges tend to want to give you another chance.
It is tough to tell whether you will be serving out a jail sentence or given another chance on probation. Despite the harsh mandatory laws, there is still hope. Not every district attorney’s office and county court have 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 take. Other courts may not be willing to be as flexible. A DUID in Douglas County Court, for instance, may not be subject to the same sentencing policies as in Denver County, El Paso County, Jefferson County or any others.
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 with the people who are trying to put you in jail.
Help Is Only A Phone Call Away
DUID charges do not have to destroy your life. Our lawyers can help you find ways to fight back against them. We offer free consultations; schedule yours by phone at 720-407-2582 or via email.