It’s rare that our Castle Rock criminal defense attorneys have great news to share.
There is, however, very good news for those who may be arrested for Castle Rock marijuana DUI.
According to The Denver Post, a bill that would have created legal limits on marijuana intoxication while driving has been defeated by the state Senate.
We reported on this issue recently in our Castle Rock Criminal Defense Lawyers Blog. Essentially, the main issue with HB12S-1005 would have made it a crime to drive with a THC level that exceeded 5 nanograms per mililiter of blood.
Now, it’s important to note that it’s not that we sanction driving while under the influence of marijuana. But first of all, that’s illegal anyway, according to state laws that already prohibit driving under the influence of any substance that might impair you.
At issue in this case was whether the 5 nanogram measurement was unfair. And in truth, it was absolutely unfair.
Here’s the thing with marijuana: It stays in your system for a long time, unlike alcohol.
So when an officer pulls someone over whom the suspect of drunk driving, they may have that person take a breathalyzer test. If that person blows a blood alcohol level of 0.08 percent or higher, they are considered intoxicated. And with that measurement, one can be fairly sure that the driver has consumed alcohol within the last few hours, because it is in and out of your system quickly.
With marijuana, however, the drug may remain in one’s system for days or weeks after consumption. For those who use marijuana for medical purposes, as allowed under state law, may wake up in the morning with 5 nanograms of THC in their system. That does not, however, mean that person is under the influence.
It would have further taken the discretion away from police officers because even if there were no other signs of intoxication, if the person blew higher than 5 nanograms, they would legally be considered under the influence and would have to be arrested.
This measure would have essentially kept those who legally use marijuana home-bound.
Our Castle Rock marijuana DUI defense attorneys certainly understand the need to keep our roads safe. This, however, was not the measure to do it, and we’re encouraged that the legislature recognized this.