DUID Defense Law Firm Colorado
Law Offices Serving Douglas, Arapahoe, & Adams County
We defend DUID criminal charges in Colorado and achieve extraordinary results
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Phone: 303-578-8550 | Email: info@TheEvansFirm.com
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Driving under the influence of drugs, also known as
DUID or DUI-D, is just like DUI, except with drugs instead of alcohol. It is
a crime with
serious penalties in Colorado (including jail) and life changing, permanent consequences.
A DUID can revoke or suspend your
driver's license and privileges, making it difficult for you to carry on day to day activities.
It is also a public conviction record that employers can search with background
searches, preventing advancement in your career. You must obtain hire
a local criminal defense lawyer!
The Evans Firm retains these distinctions for criminal defense representation:
• A+ rating with the
BBB, a 10/10
AVVO rating, and 2015 Client's Choice Award
Nationally recognized for his legal work
• Experienced in Court with 90+ jury trials and thousands of cases
• Top 40 Under 40 Attorneys & Top 100 Law Firms
• Members of the
Colorado Bar Association, American Bar Association, Colorado Trial Lawyers Association, and the
Colorado and National Association of Criminal Defense Lawyers
What is a DUID Charge?
A person who drives a motor vehicle or vehicle under the influence of one or more
drugs, commits driving under the influence of drugs. Understanding the law on
DUI-D is a critical factor in
how your case will resolve. It normally focuses on a blood test. Like the traditional DUI charge,
intoxicated driving does not simply mean driving a car after having consumed
drugs. Evidence that you were unable to control the vehicle (bad driving,
weaving, accident), or chemical tests that indicate your level of intoxication
or impairment were very high are required. The drugs alleged must have
affected the person to a degree that the person is substantially incapable,
either mentally or physically, or both mentally and physically, to exercise
clear judgment, sufficient physical control, or due care in the safe operation
of a vehicle.
Where there is a refusal complete, or to cooperate with the completing
of, any blood chemical test and the person subsequently stands trial for
DUID, the refusal to take or to complete, or to cooperate with the completing
of, any test is admissible into evidence at the trial. Read about
Colorado Express Consent Law here.
DUID is a
misdemeanor, but it is a class 4 felony if the violation occurred after three or more
prior convictions, arising out of separate and distinct criminal episodes,
for DUI, DUI per se, or DWAI. The Evans Firm is experienced and trained
on defending all types of DUID cases at trial.
What is a "Drug" for DUI-D Charges?
As used in this section, one or more drugs means
any drug, as defined in
section 27-80-203 (13), C.R.S., any controlled substance, as defined in
section 18-18-102 (5), C.R.S., and any inhaled glue, aerosol, or other toxic vapor or vapors, as defined in
section 18-18-412, C.R.S.
The fact that any person charged with a violation of this subsection (1)
is or has been entitled to use one or more drugs under the laws of this
state,including, but not limited to, the medical use of marijuana pursuant to
section 18-18-406.3, C.R.S., shall not constitute a defense against any charge of violating this subsection (1).
What about Marijuana?
If the driver's blood is tested and contains five nanograms or more
of delta 9-tetrahydrocannabinol per milliliter in whole blood, the defendant
can be charged with driving under the influence of marijuana.
The fact that any person charged with a
DUID is or has been entitled to use one or more drugs under the laws of this
state, including, but not limited to, the medical use of marijuana does
not constitute a defense.
In any trial for a DUI/DWAI, if, at the time of the alleged offense, the
person possessed a valid medical marijuana registry ID card, the prosecution
cannot use this fact as part of the prosecution's case.
Effect on Your Driver's License
A DUID criminal charge is handled separately by the courts and Colorado
Department of Motor Vehicles.
The courts decided guilt or innocence on the act of driving under the influence
of drugs. The criminal case will also carry a possible jail sentence which
could be imposed (up to 12 months for a DUI and up to 6 months for a DWAI),
probation, and community service. While probation may be a common punitive
sanction for a first time offender, it is also one of the more difficult
types of probation to complete, with drug classes, a victim impact panel
by Mothers Against Drunk Driving, urine tests, and other conditions. The
criminal charge of
DUID cannot be sealed and are part of your permanent record if you are an adult.
Therefore, how this charge resolves is important to you both in the short
term and the long term.
A separate and distinct proceeding in a DUID case is a
civil administrative hearing (different from a criminal case) which is handled by the Colorado Department
of Motor Vehicles. The DMV has quasi-judicial authority to determine serious
consequences of whether to suspend your license and impose points on your
driving record. A DUID has 12 points. An adult driver can use up to 11
points in one year (the 12th point suspends your license) or up to 17
points over a consecutive 2 year period (the 18th point suspends your license).
Serving Colorado In Douglas County • Arapahoe County • Adams County
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Village | Centennial | Englewood | Denver Tech Center | Aurora | Brighton