A recent article highlighted the confusing state of affairs in Colorado at present with respect to drugged driving. According to the article, the passing of several years since the legalization of recreational marijuana has done little to clarify issues of roadway safety, enforcement of drugged driving law, and how to keep drugged drivers off the road.
Not only has little data about roadway safety been gathered since the legalization of marijuana, judges don’t seem to have a clear approach to monitor convicted drugged drivers and police don’t have an effective way to measure how high suspected drugged drivers are. At present, there is simply a lack of clarity about such matters.
This lack of clarity is one important reason that drugged driving defendants need to work with an experienced criminal defense attorney who can help ensure their rights are protected. One area where this is particularly important is with respect to the legal limit for THC, the active ingredient in marijuana.
Under current law, the legal limit is 5 nanograms of THC in the bloodstream. Motorists who are found to be at or above that amount are presumed to have been under the influence of drugs at the time of arrest. The science behind the law, though, is not well established, and so determining the exact degree of drug influence is dicey business.
Those who work with an experienced defense attorney in their case are able to look squarely at the evidence in the case and determine where the state’s case is weak, as well as hold prosecutors to their full burden of proof.