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Amendment 64 and DUID in Colorado

With marijuana now legal in Colorado, state lawmakers are still trying to decide how best to adapt existing laws to the new regulations, and in an attempt to do so, many are striving to balance personal freedoms with public safety.

One of the fault lines in the ongoing state legislature debate regarding setting a per se limit for THC is determining where to set the bar for a driving offense that would be comparable to DUIs and DWAIs for alcohol. For example, Washington state places the legal limit at five nanograms per 100 milliliters of blood, as do countries like Germany, which uses two qualitative penalties.

This figure is based on research by Dutch scientist Jan Ramaekers, whose work found that marijuana users are generally impaired at this level. However, stronger scientific evidence suggests that chronic users may have higher tolerances, thus making them able to operate vehicles effectively despite increased consumption and increased levels of active THC in their blood.

Democrat Morgan Carroll, according to The Washington Post, is one lawmaker that would like the system to take this reasoning into account.

“My number one problem is that you could convict someone at five nanograms who wasn’t actually impaired,” she told the report.

The source says that Caroll believes impairment can occur anywhere from two nanograms to 20 nanograms, and that individuals should be able to make their case in court as to whether they were indeed impaired at the time of the arrest.

Others are vehemently against this kind of reasoning. Steve King, a Republican who supports a legal THC limit, says that there have been similar arguments made with alcohol, but at the end of the day, it’s important for these individuals to take responsibility for their decision to drive.

While this argument is likely to continue for some time, it’s important for drivers to know where to turn if they are embroiled in controversy as a result of legalized marijuana. At The Orr Law Firm, our Colorado DUI attorneys can assist you as you make your case despite an uncertain legal setting.

HB 1114 DUID—Marijuana

http://www.leg.state.co.us/clics/clics2013a/csl.nsf/fsbillcont3/763EAA73199F896C87257AEE0058A329?Open&file=1114_01.pdf

 

About Rhidian Orr

Rhidian Orr
The Orr Law Firm, L.L.C. is Colorado’s premier DUI defense law firm. The Orr Law Firm focuses exclusively on DUI and criminal traffic defense. Denver DUI attorney Rhidian Orr, senior partner and owner of The Orr Law Firm, believes that DUI defense is so complex that a firm must focus exclusively on this area of law in order to provide clients with the expertise and knowledgeable defense they deserve. Attorneys at The Orr Law Firm go through extensive training and certifications to ensure they are up-to-date on all cutting edge defense strategies and evidentiary principles as they relate to DUI defense. Attorneys at The Orr Law Firm are active members of the National College for DUI Defense, are trained in Standardized Field Sobriety Testing, Gas Chromatography and are also trained in the operation of the Intoxilyzer 5000EN. DUI defense is our passion and we promise to provide all clients with exceptional customer service and the best possible legal defense as it relates to each individual case. Almost half of all of our clients are either return clients or referrals. This speaks volumes to the success of our firm and the satisfaction of our clients. The majority of criminal defense attorneys claim to "handle" DUI cases, but you need a Colorado DUI defense attorney, not just a general criminal defense attorney. Don’t let a DUI ruin your life. We will aggressively fight for your rights while respecting your privacy and time.

If you would like to contact the author, please visit: http://www.orrlaw.com/


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