DUID Defense Law Firm Colorado

Law Offices Serving Douglas, Arapahoe, & Adams County

We defend DUID criminal charges in Colorado and achieve extraordinary results with high client sanctification!

Phone: 303-578-8550 | Email: [email protected]
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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!

Obtain the Best Defense for DUI-D Cases

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
Castle Rock | Parker | Lone Tree | Highlands Ranch | Littleton | Greenwood Village | Centennial | Englewood | Denver Tech Center | Aurora | Brighton

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