On this blog, we’ve discussed a number of recent developments as they relate to marijuana and DUI law in Colorado, covering the ongoing legislative debate and reviewing how past research is shaping the implementation of future laws. However, the legal uncertainty surrounding legal marijuana in the Rocky Mountain State is now having an impact on those who come to the state for its many tourist attractions, reports say.
According to a recent article published by USA Today, out-of-state drivers are being arrested and charged with DUIs weeks after smoking legal marijuana in Colorado due to the language of their local regulations.
For example, the source cited Arizona law, which calls for the administration of blood tests to those suspected of drugged driving. If a suspect tests positive for either THC, the active ingredient in cannabis, or an inactive chemical created by the body to neutralize the drug, they could have their license revoked. Making matters worse, this second substance can linger in a person’s system for as long as a month.
“As things stand, a person from Arizona could go on a snowboarding trip to Colorado or Washington state, where marijuana is legal for recreational use, and then a month later he could be driving in Arizona, get stopped and be convicted of DUI,” Michael Alarid III, an attorney representing a client arrested in an allegedly similar case, told the source.
So far, Alarid’s case has gone through two rounds of court, with one lower court dismissing the charge and a Court of Appeals ruling oppositely.
All of this creates uncertainty for out-of-state residents and tourists visiting Colorado, as blood standards for marijuana DUIs have not been put into law as of yet. Legislation is currently pending on this very issue in Colorado and if passed, Colorado will soon have a per se limit of 5 ng/100ml of blood.
At The Orr Law Firm, we represent individuals who are charged with any type of DUI or DWAI infraction in Colorado. With our knowledge of Colorado’s drunk and drugged driving laws and our firm’s commitment to following the latest developments as they relate to marijuana, we can best represent your case should you be arrested for DUI or DWAI while visiting Colorado.